35Z.0744 
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City  Document.  — No.  36. 


CITY  OF  BOSTON. 


REPORT 

OP  THE 

JOIOT  SPECIAL  COMMITTEE 

OF  THE 

CITY  COIJBrCIL, 

ON  THE 

Dralt  of  a lew  City  .Clartor. 

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CITY  OF  BOSTON 


In  Board  of  Aldermen,  March  15,  1875. 

The  Joint  Special  Committee  to  which  was  referred  the 
Keport  of  the  Commission  appointed  to  revise  the  City 
Charter,  beg  leave  to  state,  that  they  have  carefully  ex- 
amined the  provisions  of  the  new  Charter  submitted  by 
Othe  Commissioners,  and  would  recommend  certain  amend- 
^ments,  which  are  embodied  in  the  new  draft  appended 
^hereto. 

JThe  principal  changes  proposed  by  the  committee  are  as 
follows  : — 

j 

Sect.  3.  Authorizing  the  City  Council  to  divide  the  city 
into  not  less  than  30  nor  more  than  36  wards. 

Sect.  8.  Kequiring  the  Eegistrars  of  Voters  to  hold 
n^sessions  in  or  near  each  ward  three  or  more  hours  daily,  for 
^at  least  twelve  days  within  the  twenty  days  before  a State 
5 election ; and  in  addition  six  evening  sessions  of  at  least 
**^two  hours  each  during  the  same  period. 

^ Sects.  11-25  [11-19].*  Providing  that  the  warden,  clerk 
S and  three  inspectors  of  elections  shall  be  chosen  in  each 
^ward,  or  voting  district,  as  at  present;  and  that  three 
5 additional  inspectors  shall  be  appointed  by  the  Mayor,  with 
^ the  approval  of  the  Board  of  Aldermen,  to  serve  with  those 
elected. 

Sect.  25  [old  charter  §5].  Providing  that  every  person 
chosen  in  any  ward  shall  be  furnished  by  the  ward  officers 


p * The  numbers  enclosed  in  brackets  refer  to  the  sections  in  the  draft  pre- 
.2  pared  by  the  Commissioners. 

& 


& 


^11^67. 


IV 


City  Document. — No.  36. 


with  a certificate,  which  shall  be  presumptive  evidence  of 
the  title  of  such  person  to  the  ofllce  therein  mentioned. 

Sect’s.  28-29  [22-23].  Fixing  the  terms  of  office  of  the 
Mayor  and  the  members  of  the  Board  of  Aldermen  at  two 
years  each. 

Sect.  30  [24].  Fixing  the  terms  of  office  of  the  Council- 
men  at  one  year  each. 

Sect.  38  [32].  Providing  that  a majority  of  the  mem- 
bers of  the  Common  Council  shall  constitute  a quorum. 

Sect.  42  [36].  Providing  that  the  votes  of  two-thirds  of 
the  members  present  in  each  branch  shall  be  sufficient  to 
pass  any  measure  over  the  Mayor’s  veto. 

Sect.  43  [37].  Providing  that  the  Chairman  of  the  Board 
of  Aldermen,  while  acting  as  Mayor,  shall  not  have  a vote 
in  the  Board. 

Sect.  49  [43].  Providing  that  the  boards,  commissioners 
and  officers  of  the  city  shall  be  subject  to  the  orders,  as  well 
as  to  the  ordinances,  of  the  City  Council. 

Striking  out  Section  46  of  the  original  draft. 

Sect.  56  [51].  Providing  that  no  money  shall  be  paid 
out  of  the  City  Treasury  unless  approved  by  a Committee  of 
the  City  Council. 

Sect.  59  [new].  Providing  that  the  City  Council  shall 
prescribe  by  ordinance  the  manner  in  which,  and  the  officers 
through  whom,  the  fuel  required  for  the  city  departments 
shall  be  purchased. 

Sect.  71  [66].  Striking  out  Section  66,  and  inserting 
the  following : " The  money  which  comes  into  the  possession 
of  the  said  commissioners  [of  the  sinking  fund],  from  any 
source,  to  add  to  a sinking  fund,  shall  be  invested  by  them  in 
the  particular  bonds  for  the  redemption  of  which  said  sinking 
fund  was  established,  whenever  said  bonds  can  be  bought  at 
par,  and  accrued  interest  or  less  ; and  they  may  invest  in  said 
])onds  at  a higher  price  than  par  and  accrued  interest,  when- 
ever they  may  deem  it  expedient  so  to  do.  Said  purchased 


City  Chartek. 


V 


bonds  shall  be  immediately  cancelled,  and  the  City  Treasurer 
shall  give  in  exchange  therefor,  registered  bonds  or  certifi- 
cates of  a like  amount,  payable  to  said  commissioners  and  to 
no  other  persons,  and  specifying  the  particular  fund  to  which 
they  belong,  so  that  said  bonds  or  certificates  cannot  be  ne- 
gotiated nor  diverted  from  the  particular  fund  of  which  they 
form  a part.  Said  bonds  or  certificates  shall  be  payable  at 
the  same  time,  and  bear  interest  on  the  same  terms,  as  said 
cancelled  bonds.  If  said  bonds  cannot  be  obtained  as 
above,  the  commissioners  may  invest  in  bonds  of  any  of 
the  New  England  States,  bonds  of  the  United  States,  or 
of  any  cities  and  towns  of  this  Commonwealth,  and  in  no 
other  way.” 

Sect.  79  [74].  Providing  that  the  City  Council,  in 
convention,  shall  annually  choose  thfe  City  Clerk. 

Sect.  83  [78].  Providing  that  the  City  Council,  in  con- 
vention, shall  annually  choose  the  City  Treasurer. 

Striking  out  Sections  79  and  80  of  the  original  draft. 

Sect.  87  [84].  Providing  that  the  Auditor  of  Accounts 
shall  be  elected  annually  by  concurrent  vote  of  the  City 
Council. 

Sect.  88  [new].  Providing  for  the  appointment  of  an 
Auditor  of  Accounts  pro  tempore,  in  case  of  vacancy  in  the 
ofiice  caused  by  death,  resignation  or  other  cause. 

Sect.  99  [95].  Providing  that  the  Board  of  Examiners 
of  public  schools  shall  be  appointed  by  the  Mayor,  with  the 
approval  of  the  School  Committee  ; and  their  compensation 
fixed  by  the  School  Committee. 

Sect.  Ill  [107].  Providing  that  the  members  of  the 
Board  of  Assessors  shall  be  appointed  annually  by  the  Mayor 
with  the  approval  of  the  City  Council. 

Sect.  113  [109].  Providing  that  the  division  of  the  city 
into  assessment  districts  shall  be  subject  to  approval  by  the 
City  Council. 

Sect.  114  [110].  Providing  that  the  First  Assistant  As- 


VI 


City  Document. — No.  36. 


sessors  shall  be  appointed  annually  by  the  Assessors,  with 
the  approval  of  the  City  Council. 

Sect.  117  [113].  Providing  that  the  Second  Assistant 
Assessors  shall  be  residents  of  the  ward  of  which  the  assess- 
ment district  for  which  they  are  appointed  forms  a part. 

Sects.  121-128  [117-133].  Amending  the  provisions  re- 
lating to  the  Law  Department,  by  striking  out  so  much  as 
relates  to  the  appointment  and  duties  of  ” the  Counsel  of  the 
Corporation  ; ” providing  that  the  City  Solicitor  shall  be  ap- 
pointed for  a term  of  one  year ; providing  for  the  appoint- 
ment, by  the  City  Solicitor,  of  one  clerk  ; and  striking  out'  so 
much  as  relates  to  the  appointment  and  duties  of  a " Com- 
missioner of  Claims.”  [Sections  130  to  133,  original  draft.] 

Sect.  131  [136].  Providing  that  police  officers  shall  not 
be  removed  by  the  MayOr,  except  upon  the  recommendation 
of  the  Police  Commissioners ; also  providing  that  the  com- 
missioners shall  prescribe  the  duties  of  the  officers  and  mem- 
bers of  the  department. 

Sect.  135  [140] . Providing  that  the  punishment  of  police 
officers  for  violation  of  the  rules  of  the  department,  except 
in  cases  of  removal,  shall  not  be  subject  to  revision  by  the 
Mayor. 

Sect.  141  [146].  Providing  that  Superintendents  of 
Licenses  shall  not  be  removed  by  the  Mayor,  except  upon 
the  recommendation  of  the  Police  Commissioners. 

Sect.  143  [148].  Providing  that  the  Sealers  of  Weights 
and  Measures  shall  not  be  removed  by  the  Mayor,  except 
upon  the  recommendation  of  the  commissioners. 

Sect.  144  [149].  Providing  that  the  Superintendent  of 
Public  Scales  and  Weighers  of  Hay  shall  not  be  removed 
by  the  Mayor,  except  upon  the  recommendation  of  the  Police 
Commissioners. 

Sects.  146-165  [151-171].  Providing  for  the  appoint- 
ment of  three  Street  Commissioners,  to  have  charge  of  lay- 
ing out,  paving,  grading  and  lighting  streets,  constructing 


City  Charter. 


VII 


sewers,  and  building  and  superintending  ferries  and  bridges  ; 
also  for  the  appointment  of  three  Commissioners  of  Build- 
ings and  Lands,  to  have  charge  of  public  buildings,  public 
lands  and  market  houses,  and  of  the  department  for  the 
survey  and  inspection  of  buildings. 

Sections  164,  169  and  170  of  the  original  draft  are  stricken 
out. 

In  the  Water  Department,  Sections  174  and  177  of  the 
original  draft  are  stricken  out,  and  Sections  178  and  179  are 
transferred  to  the  Street  Department  — §§  155  and  156. 

Sect.  181  [189].  Providing  that  the  term  of  office  of  the 
City  Eegistrar  shall  be  one  year. 

Sect.  182  [190].  Providing  that  the  compensation  of  the 
members  of  the  Fire  Department,  as  fixed  by  the  Fire  Com- 
missioners, shall  be  subject  to  approval  by  the  City  Council. 

Sect.  187  [195].  Providing  that  the  Board  of  Directors 
for  Public  Institutions  shall  consist  of  one  Alderman  and 
two  Councilmen,  elected  annually  by  concurrent  vote  of  the 
City  Council ; and  six  persons  appointed  by  the  Mayor,  with 
the  approval  of  the  City  Council,  for  a term  of  three  years 
each  — two  being  appointed  each  year. 

Sect.  194  [202].  Providing  that  the  Overseers  of  the 
Poor  shall  consist  of  one  Alderman  and  two  Councilmen, 
elected  annually  by  concurrent  vote  of  the  City  Council,  and 
nine  persons  appointed  by  the  Mayor,  with  the  approval  of 
the  City  Council,  for  a term  of  three  years  each — three 
being  appointed  each  year. 

Sect.  199  [207].  Striking  out  so  much  as  provides  that 
the  Overseers  of  the  Poor  shall  be  sole  agents  of  the  city, 
for  the  distribution  of  money,  food,  fuel,  etc.,  appropriated 
by  the  City  Council  for  the  relief  of  the  poor  and  destitute. 

Sect.  200  [208].  Providing  that  the  Board  of  Trustees 
of  the  City  Hospital  shall  consist  of  one  Alderman  and  two 
Councilmen,  elected  annually  by  concurrent  vote  of  the  City 
Council,  and  six  persons  appointed  by  the  Mayor,  with  the 


VIII 


City  Document.  — No.  36. 


approval  of  the  City  Council,  for  a term  of  three  years  each, 
two  being  appointed  each  year. 

Sect.  202  [210].  Providing  that  the  Board  of  Trustees 
of  the  Public  Library  shall  consist  of  one  Alderman  and  two 
members  of  the  Common  Council,  elected  annually  by  con- 
current vote  of  the  City  Council,  and  six  persons  appointed 
by  the  Mayor,  with  the  approval  of  the  City  Council,  for  a 
term  of  three  years  each,  two  being  appointed  each  year. 

Sect.  212  [220].  Providing  that  no  street  or  way  for  the 
use  of  cars  or  other  vehicles  shall  be  laid  out  over  or  through 
the  Common  or  Public  Garden,  or  any  portion  of  them,  unless 
a majority  of  the  legal  voters,  present  and  voting  thereon, 
shall  vote  in  the  affirmative  at  meetings  which  may  be  called 
for  that  purpose  in  the  several  wards  by  the  Board  of 
Aldermen. 

Sect.  220  [232].  Striking  out  so  much  as  provides  that 
any  of  the  disciplinary  rules  and  regulations  adopted  by  the 
Police  and  Fire  Commissioners  may  be  rescinded  or  modi- 
fied by  the  Mayor. 

Sect.  221  [new].  Providing  that  whenever  the  City 
Council  shall  instruct  any  board  or  commissioners  to  do,  or 
not  to  do,  anything  coming  within  their  powers  and  duties, 
it  shall  be  the  duty  of  such  board  or  commissioners  forth- 
with to  comply  with  such  instructions. 

Numerous  verbal  amendments  have  been  made  in  the 
draft  submitted  by  the  commissioners,  which  are  not  speci- 
fied in  the  foregoing  statement. 

It  could  hardly  be  expected  that  the  members  of  the  com- 
mittee, representing  different  constituencies,  and  holding 
different  views  with  regard  to  the  administration  of  muni- 
cipal affairs,  should  be  able  to  present  a unanimous  report 
upon  all  the  details  covered  by  this  instrument ; but  there  is 
a substantial  unanimity  of  opinion  on  the  part  of  the  com- 
mittee, first,  as  to  the  necessity  of  changing  the  present  or- 


City  Charter. 


IX 


ganization  of  the  government;  and,  second,  as  to  the  gen- 
eral plan  of  reorganization.  The  individual  members  of  the 
committee  reserve  the  right,  however,  to  offer  amendments 
to  the  draft  herewith  submitted,  or  to  support  amendments 
offered  by  others  while  the  subject  is  under  consideration  by 
the  City  Council. 

Kespectfully  submitted. 

For  the  Committee, 

JOHN  T.  CLAEK, 

Chairman, 


The  undersigned,  a member  of  the  Committee  on  the  sub- 
ject of  revising  the  City  Charter,  desires  to  have  it  appear 
as  a part  of  the  record,  that  he  is  opposed  to  any  change  in 
the  present  organization  of  the  City  Government,  except  so 
far  as  to  provide  for  a reduction  of  the  ward  representation 
in  the  Common  Council  and  the  School  Committee. 


JAMES  J.  FLYNN. 


THE  CITY  CHAPTER. 


THE  CITY  CHARTER. 


Section  1.  The  inhabitants  of  the  city  of  Boston,  for  all 
the  purposes  for  which  cities  and  towns  are  by  law  incorpor- 
ated in  this  commonwealth,  shall  continue  to  be  one  body 
politic,  in  fact  and  in  name,  under  the  style  and  denomina- 
tion of  the  City  of  Boston ; and,  as  such,  shall  have,  exer- 
cise and  enjoy  all  the  rights,  immunities,  powers  and  privi- 
leges, and  shall  be  subject  to  all  the  duties  and  obligations 
now  incumbent  upon,  and  appertaining  to,  said  city  as  a 
municipal  corporation,  except  so  far  as  the  same  may  be 
modified  by  the  provisions  of  this  act. 

Sect.  2.  The  administration  of  all- the  fiscal,  prudential, 
and  municipal  concerns  of  the  city,  with  the  conduct  and 
government  thereof,  shall  be  vested  in  one  principal  officer, 
to  be  called  the  mayor,  one  board  of  twelve  persons,  to  be 
called  the  board  of  aldermen,  one  board  composed  of  two 
persons  from  each  ward  of  the  city,  to  be  called  the  common 
council,  and  in  the  officers  hereinafter  specified.  The  board 
of  aldermen  and  the  common  council,  in  their  joint  capacity, 
shall  be  denominated  the  city  council. 

Sect.  3.  The  city  council  shall  divide  the  city  into  such 
number  of  wards,  not  less  than  thirty  nor  more  than  thirty- 
six,  as  they  shall  determine,  in  such  manner  as  to  include  an 
equal  number  of  voters  in  each  ward,  as  nearly  as  con- 
veniently may  be,  consistently  with  well-defined  limits  to 
each  ward ; until  such  division  be  made,  the  boundary  lines 
of  the  wards  shall  remain  as  now  established. 

Sect.  4.  The  election  of  municipal  officers  shall  be  held 
on  the  second  Tuesday  of  December  in  each  year,  and  the 
officers  then  chosen  shall,  unless  it  be  herein  otherwise  pro- 
vided, enter  ' upon  the  duties  of  their  respective  offices  on 
the  first  Monday  of  the  succeeding  January. 

Sect.  5.  The  board  of  aldermen,  by  their  warrant,  shall 


4 


direct  and  appoint  the  places  and  hours  for  voting  in  each 
ward,  except  so  far  as  the  same  are  fixed  by  law ; and  they 
shall,  at  least  seven  days  before  the  day  of  election,  issue  a 
public  notification  to  the  voters  of  each  ward,  informing  them 
of  the  time  and  place  of  voting,  and  of  the  offices  then  to  .be 
filled  by  election. 

Sect.  6.  The  mayor,  with  the  approval  of  the  city 
council,  shall  appoint  two  persons,  inhabitants  of  the  city, 
to  be  registrars  of  voters ; one  of  said  persons  shall  be 
appointed  for  one  year,  and  one  for  two  years ; and 
thereafter  the  mayor,  with  like  approval,  annually  shall  ap- 
point one  person  to  serve  as  registrar  of  voters  for  two  years. 

Sect.  7.  The  registrars  shall  have  all  the  powers  of, 

V and  be  subject  to  all  the  duties  and  liabilities  imposed  by 
law  upon,  the  mayor  and  aldermen,  the  board  of  aider- 
men,  and  the  board  of  registrars  of  voters,  in  relation 
to  the  preparation,  correction,  revision,  publication  and  trans- 
mission of  the  alphabetical  lists  of  voters  to  be  used  at  elec- 
tions in  the  city,  so  far  as  consistent  with  the  provisions  of 
this  act.  The  collectors  of  taxes  shall  make  the  returns,  re- 
quired by  law  to  be  made  to  the  mayor  and  aldermen,  to  the 
registrars  of  voters ; and  assessors  and  collectors  of  taxes 
shall  give  any  information  in  their  possession  to  said  regis- 
trars necessary  to  aid  them  in  the  discharge  of  their  duties. 

Sect.  8.  The  registrars,  at  least  twenty  days  before  the 
day  of  the  annual  state  election,  shall  cause  printed  lists  of  the 
voters  in  each  ward,  or  district  of  a ward,  to  be  posted  in  one 
or  more  places  in  such  ward  or  district,  with  a statement  of 
the  places  and  hours  within  the  said  twenty  days  in  which 
they  will  hold  sessions  to  correct  and  revise  the  lists.  Such 
sessions  shall  be  held  in  or  near  each  ward,  three  or  more 
hours  daily,  for  at  least  twelve  days  within  the  said  twenty 
days,  and  in  addition,  six  evening  sessions,  of  at  least  two 
hours  length  each,  shall  be  held  within  said  twenty  days. 
The  city  council  may  provide  for  the  holding  of  sessions  at 
other  times. 


5 


Sect.  9.  Whoever  gives  a false  name,  or  a false  answer, 
to  any  registrar  or  registrar’s  clerk  or  assistant,  concerning 
any  matter  relating  to  the  registration  of  voters,  or  to  the 
right  of  any  person  to  vote,  shall  incur  the  penalty  pro- 
vided by  law  for  giving  a false  name,  or  false  answer,  to  the 
selectmen  of  towns,  when  in  session  to  correct  the  lists  of 
voters. 

Sect.  10.  The  registrars,  with  the  approval  of  the  mayor, 
may  appoint  such  clerks  and  temporary  assistants  as  they 
.may  find  necessary  for  the  proper  discharge  of  their  duties, 
and  they  may  remove  them  at  pleasure  ; and  said  clerks 
and  assistants  shall  receive  such  compensation 'for  each  day’s 
actual  service  as  the  city  council  may  from  time  to  time 
determine. 

Sect.  11.  Whenever,  in  the  opinion  of  the  city  council, 
the  convenience  of  the  voters  of  any  ward  requires  more 
than  one  voting  place  in  such  ward,  they  may  divide  the 
ward  into  two  or  more  districts  ; and  the  registrars  of  voters 
shall  thereupon  prepare  separate  printed  lists  of  the  voters 
of  each  of  said  districts,  and  cause  the  same  to  be  posted  as 
hereinbefore  provided. 

Sect.  12.  Prior  to  the  first  day  of  May,  in  the  year 
eighteen  hundred  and  seventy-six,  the  mayor  shall,  with  the 
approval  of  the  board  of  aldermen,  appoint  for  each  ward 
or  voting  district  three  inspectors  of  elections,  who  shall  be 
residents  and  legal  voters  in  such  w^ard  or  district,  and  one 
of  whom  shall  hold  his  office  for  one  year,  and  one  for  two 
years,  and  one  for  three  years,  from  said  first  day  of  May ; 
and  the  mayor  annually  thereafter,  in  the  month  of  April, 
shall,  with  the  approval  of  the  board  of  aldermen,  appoint  for 
each  ward  or  voting  district  one  inspector  of  elections,  who 
shall  be  a resident  and  legal  voter  in  such  ward  or  district, 
and  shall  hold  office  for  three  years  from  the  first  day  of 
May  then  next  succeeding.  Any  such  inspector  may  be  at 
any  time  removed  from  office  by  the  mayor,  with  the  approval 
of  the  board  of  aldermen. 


Sect.  13.  No  person  who  holds  an  office  by  election  or 
appointment  under  the  government  of  the  city  of  Boston, 
the  State  of  Massachusetts,  or  the  United  States,  except 
justices  of  the  peace  and  officers  of  militia,  shall  be  ap- 
pointed registrar  or  assistant  registrar  of  voters,  or  inspector 
of  elections,  and  the  appointment  or  election  of  a registrar, 
or  assistant  registrar  of  voters,  or  inspector  of  elections  to 
any  such  office,  and  his  acceptance  thereof,  shall  be  deemed 
to  be  a resignation  of  his  office  of  registrar  or  assistant  regis- 
trar or  inspector. 

Sect.  14.  The  registrars  of  voters  and  said  inspectors  of 
elections,  before  entering  upon  the  duties  of  their  offices, 
shall  take  and  subscribe  an  oath  faithfully  and  impartially  to 
discharge  their  duties ; said  oath  may  be  administered  by 
the  city  clerk,  or  his  assistant,  and  the  certificate  thereof, 
subscribed  as  aforesaid,  shall  be  deposited  in  the  office  of 
the  city  clerk. 

Sect.  15.  The  qualified  voters  of  each  ward  or  voting 
district  shall,  at  each  annual  election  choose,  by  ballot,  one 
warden,  one  clerk,  and  three  inspectors  of  elections,  all  of 
whom  shall  be  residents  and  legal  voters  in  such  ward  or 
voting  district,  and  shall  hold  their  offices  for  one  year,  and 
until  others  shall  be  chosen  and  qualified  in  their  stead. 

Sect.  16.  The  officers  mentioned  in  the  preceding  sec- 
tion shall  respectively  make  oath  faithfully  and  impartially 
to  discharge  their  several  duties,  which  oath  may  be  adminis- 
tered by  the  clerk  of  such  ward  to  the  warden,  and  by  the 
latter  to  the  clerk  and  inspectors,  or  to  all  of  said  officers  by 
any  justice  of  the  peace ; and  a certificate  thereof  shall  be 
entered  in  the  record  to  be  kept  by  the  clerk. 

Sect.  17.  In  case  of  the  non-election  of  any  of  said  offi- 
cers at  the  annual  meeting,  or  upon  the  division  of  a ward 
into  voting  districts,  the  board  of  aldermen  may  issue  their 
warrant  in  due  form  for  an  election  to  be  held  at  such  time 
and  place  as  said  board  may  deem  advisable. 


7 


Sect.  18.  In  case  of  the  absence  of  any  of  said  officers  at 
any  election,  such  officer  may  be  chosen,  'pro  tempore^  by 
hand  vote,  and  shall  have  all  the  powers,  and  be  subject  to 
all  the  duties,  of  the  regular  officer  at  such  election. 

Sect.  19.  It  shall  be  the  duty  of  the  warden  to  preside  at 
all  meetings  of  his  ward  or  voting  district  with  the  powers 
of  moderators  of  town  meetings.  In  case  of  his  absence,  the 
clerk,  and,  in  case  of  the  absence  of  the  clerk,  any  inspector, 
shall  preside,  according  to  seniority,  until  a warden  shall  be 
chosen,  as  provided  in  the  preceding  section. 

Sect.  20.  It  shall  be  the  duty  of  the  clerk  to  make  and 
keep  a fair  and  true  record  of  all  the  acts  and  votes  of  citi- 
zens at  the  meetings  of  his  ward  or  voting  district,  and  to 
deliver  over  such  record,  together  with  all  other  documents 
and  papers  held  by  him  in  his  said  capacity,  to  his  successor 
in  office. 

Sect.  21.  A majority  of  all  the  inspectors  of  any  ward  or 
district  shall  constitute  a quorum  for  the  purposes  of  count- 
ing votes,  making  returns,  and  performing  any  other  duties 
required  of  inspectors  of  elections. 

Sect.  22.  The  wardens,  clerks  and  inspectors  of  elections 
shall  receive  such  compensation  for  each  day’s  actual  service 
as  the  city  council  may  from  time  to  time  determine,  and 
shall  be  subject  to  the  same  penalties  to  which  such  ward 
officers  are  now  subject  under  existing  laws. 

Sect.  23.  The  registrars  of  voters  shall  provide  for  each 
ward  and  voting  district  a sufficient  number  of  ballot  boxes, 
arranged  with  such  devices  to  guard  against  fraudulent  vot- 
ing as  they  may  decide  to  be  most  effectual  for  that  pur- 
pose. Before  the  voting  begins,  the  inspectors,  a quorum 
being  present,  shall  see  that  the  ballot  boxes  are  empty  ; they 
shall  have  the  custody  of  the  same  during  the  election,  and 
of  the  lists  of  voters,  and  shall  transmit  the  ballots  and  lists, 
as  required  by  law,  to  the  city  clerk. 

Sect.  24.  It  shall  be  the  duty  of  the  warden  and  inspec- 
tors of  each  ward  or  voting  district  to  receive,  sort,  and 


8 


count,  and  of  the  warden  to  declare  all  votes  at  any  election 
within  such  ward  or  district.  So  far  as  practicable  each 
ballot  box  shall  during  an  election  be  in  the  immediate 
charge  of  two  inspectors,  one  from  those  appointed,  and  one 
from  those  elected,  and  the  ballots  shall  not  be  counted  or 
removed  from  the  ballot  box  until  the  election  is  closed,  and 
the  inspectors  who  have  had  charge  of  a box  shall  be  entitled 
to  make  the  first  count  of  the  ballots  therein. 

Sect  25.  Every  person  chosen  in  any  ward  shall,  within 
forty-eight  hours  of  his  election,  be  furnished  by  the -clerk 
with  a certificate  thereof,  signed  by  the  warden,  clerk,  and  a 
majority  of  the  inspectors,  which  certificate  shall  be  pre- 
sumptive evidence  of  the  title  of  such  person  to  the  office 
therein  mentioned. 

Sect.  26.  The  board  of  aldermen,  or  a committee  thereof 
specially  appointed  for  the  purpose,  shall  within  three  days 
after  any  election  examine  the  returns  of  votes,  and  if  found 
erroneous,  cause  them  to  be  corrected,  and  then  transmit  the 
results  to  the  secretary  of  the  commonwealth,  or  shall  make 
declaration  thereof,  as  required  by  law. 

Sect.  27.  The  city  clerk  shall  furnish  forthwith  to  every 
person  whom  the  board  of  aldermen  shall  certify  to  have 
been  elected  to  an  office  at  any  municipal  election,  a certifi- 
cate of  his  election,  which  certificate  shall  be  presumptive  evi- 
dence of  the  title  of  such  person  to  the  office  therein  men-, 
tioned. 

Sect.  28.  The  qualified  voters  of  the  city,  at  the  annual 
election  occurring  in  the  year  eighteen  hundred  and  seventy- 
five,  and  at  the  annual  election  every  second  year  thereafter, 
shall  elect  one  able  and  discreet  person,  an  inhabitant  of  the 
city,  to  be  mayor  of  the  city  for  the  term  of  two  years. 

Sect.  29.  The  qualified  voters  of  the  city,  at  the  annual 
election  occurring  in  the  year  eighteen  hundred  and  seventy- 
five,  shall  elect  twelve  able  and  discreet  persons,  inhabi- 
tants of  the  city,  to  constitute  the  board  of  aldermen ; the 
six  persons  elected  who  shall  have  received  the  largest  num- 


9 


ber  of  votes  shall  hold  the  office  for  two  years ; and  the 
six  persons  elected  who  shall  have  received  the  next 
largest  number  of  votes  shall  hold  the  office  for  one  year. 
In  case  two  or  more  of  the  persons  elected  shall  receive  an 
equal  number  of  votes,  those  who  are  seniors  by  age  shall, 
for  the  division  into  classes  hereby  required,  be  classified  as 
if  they  had  received  the  larger  number  of  votes  in  order  of 
ages  ; and  thereafter  the  qualified  voters  shall  annually  elect 
six  able  and  discreet  persons,  inhabitants  of  the  city,  to  serve 
' as  members  of  the  board  of  aldermen  for  the  term  of  two 
years. 

Sect.  30.  The  qualified  voters  of  each  ward,  at  the  annual 
election  occurring  in  the  year  eighteen  hundred  and  seventy- 
' five,  and  annually  thereafter,  shall  choose  two  able  and  dis- 
creet persons,  inhabitants  of  the  ward,  to  be  members  of  the 
common  council  for  the  term  of  one  year. 

Sect.  31.  The  board  of  aldermen  and  the  common  council 
shall  have  authority  to  decide  upon  all  questions  relative  to 
the  qualifications,  elections  and  returns  of  their  respective 
members. 

Sect.  32.  The  city  council  may  provide  for  the  appoint- 
ment or  election,  removal  and  compensation  of  such  mes- 
sengers and  clerks  as  may  be  necessary  to  facilitate  the  trans- 
action of  its  business. 

Sect.  33.  Whenever  it  shall  appear  to  the  board  of 
aldermen  that  there  is  a vacancy,  by  removal  from  the  city, 
or  by  death,  resignation,  or  otherwise,  in  the  board  of  aider- 
men,  or  in  the  common  council,  said  board  shall  issue  their 
warrant  in  due  form  to  fill  such  vacancy  for  the  remainder  of 
the  term,  by  election  to  be  held  at  such  time  and  place  as 
. they  may  deem  advisable  ; and  the  same  proceedings  shall  be 
had  to  ascertain  and  determine  the  persons  chosen  as  are 
prescribed  for  the  annual  election  of  the  same  officers.  But 
in  case  of  vacancies  in  the  common  council,  such  warrants 
shall  not  be  issued  until  the  board  of  aldermen  receive 
official  information  thereof. 


10 


Sect.  34.  All  city  and  ward  officers  shall  be  held  to  dis- 
charge the  duties  of  the  offices  to  which  they  have  been 
respectively  elected  or  appointed,  notAvithstanding  their  re- 
moval, after  their  election  or  appointment,  out  of  their  re- 
spective wards  mto  any  other  Avards  of  the  city ; but  they 
shall  not  hold  said  offices  after  they  have  taken  up  their  per- 
manent residence  out  of  the  city. 

SECr.  35.  The  mayor,  aldermen,  and  common  council- 
men,  on  the  first  Monday  in  January,  or  before  entering  on 
the  duties  of  their  offices,  shall  take  and  subscribe  the  oath 
of  allegiance  and  oath  of  office  prescribed  in  the  constitution 
of  this  commonwealth,  and  an  oath  to  support  the  constitu- 
tion of  the  United  States.;  the  oaths  may  be  admin- 
istered to  the  mayor-elect  by  either  of  the  justices  of  the 
supreme  judicial  court,  or  a judge  of  any  court  of  record, 
or  by  a justice  of  the  peace  for  the  county  of  Sufiblk ; the 
oaths  of  the  aldermen  and  members  of  the  common  council 
shall  be  administered  by  the  mayor,  being  himself  first  sworn 
as  aforesaid,  or  by  either  of  the  persons  authorized  to  admin- 
ister the  oaths  to  the  mayor ; a certificate  of  such  oaths 
having  been  taken  shall  be  entered  in  the  journal  of  the  board 
of  aldermen,  and  of  the  common  council  respectively, ' by 
their  respective  clerks. 

Sect.  36.  In  case  of  the  absence  of  the  mayor-elect  on 
the  first  Monday  of  the  January  after  his  election,  or  of  his 
inability  from  illness  or  otherAvise  to  enter  upon  the  duties  of 
his  office  at  that  time,  the  oaths  of  office  shall  be  administered 
to  the  new  members  of  the  board  of  aldermen  and  of  the 
common  council ; and  the  city  government  shall  be  organ- 
ized, and  may  proceed  to  business,  in  the  same  manner  as  if 
the  mayor  were  present. 

Sect.  37.  On  the  first  Monday  in  January,  annually,  or 
as  soon  thereafter  as  a majority  of  the  full  board  of  aider- 
men  shall  be  qualified  • as  herein  provided,  or  AAffienever 
thereafter  a vacancy  in  the  office  may  occur,  the  members, 


11 


not  less  than  a quorum,  shall  meet  and  organize  by  the 
choice  of  a permanent  chairman,  who  shall  be  called  the 
chairman  of  the  board  of  aldermen,  and  preside  at  all  meet- 
ings of  the  board,  and  at  conventions  of  the  two  branches  in 
the  absence  of  the  mayor.  Seven  members  of  the  board  shall 
constitute  a quorum  for  the  transaction  of  business,  but  a 
less  number  may  adjourn  from  time  to  time  ; their  meetings 
shall  be  public. 

Sect.  38.  The  common  council  shall  act  as  a separate 
body,  distinct  from  the  board  of  aldermen  ; a majority  of  the 
members  shall  constitute  a quorum  for  the  transaction  of 
business,  but  a less  number  may  adjourn  ; their  meetings  shall 
be  public. 

Sect.  39.  On  Ihe  first  Monday  in  January,  annually, 
or  as  soon  thereafter  as  a quorum  of  the  members  of  the 
common  council  shall  have  been  duly  qualified,  as  herein 
provided,  or  whenever  thereafter  a vacancy  in  the  ofiice 
may  occur,  the  members,  not  less  than  a quorum,  shall  meet 
and  organize  by  the  choice  of  one  of  their  own  members  to 
preside  at  the  meetings  of  the  council ; he  shall  be  called 
the  president  of  the  common  council;  they  shall  choose  a 
clerk,  who  shall  be  sworn  to  the  faithful  discharge  of  the 
duties  of  his  office ; he  shall  hold  such  office  during  the 
pleasure  of  the  council,  attend  the  council  when  it  is  in 
session,  keep  a journal  of  its  acts,  votes  and  proceedings, 
and  perform  such  other  services  in  said  capacity  as  the 
council  may  require. 

Sect.  40.  The  mayor,  chosen  and  qualified  as  herein  pro- 
vided, shall  be  the  chief  executive  officer  of  the  city;  he 
shall  receive  an  honorable  and  adequate  salary,  to  be  fixed  by 
the  city  council.  In  the  first  instance  the  salary  of  the  mayor 
shall  be  fixed  by  the  city  council  first  elected  under  the  pro- 
visions of  this  act ; and  thereafter  no  enlargement  or  diminu- 
tion of  his  salary  shall  be  made  after  the  election  of  a mayor, 
to  take  effect  until  the  expiration  of  the  term  for  which  he 
shall  have  been  elected.  The  mayor  shall  receive  no  other 


12 


compensation  or  emolument  for  services  rendered  the  city  / 
during  his  term  of  office. 

Sect.  41.  It  shall  be  the  duty  of  the  mayor  to  be  vigilant 
and  active  at  all  times  in  causing  the  laws  for  the  govern- 
ment of  the  city  to  be  duly  executed  and  put  in  force  ; to 
inspect  the  conduct  of  subordinate  officers  in  the  government 
thereof,  and,  as  far  as  may  be  in  his  power,  to  cause  negli- 
gence, carelessness,  and  violation  of  duty,  to  be  prose- 
cuted and  punished.  Whenever  in  his  judgment  the  good  of 
the  city  may  require  it,  he  shall  summon  meetings  of  the 
board  of  aldermen  and  common  council,  or  either  of  them, 
although  the  meetings  of  said  boards  may  stand  adjourned 
to  a more  distant  day ; and  suitable  notice  in  writing  of 
such  meetings  shall  be  given  to  the  respective  mem- 
bers of  said  board.  He  shall  from  time  to  time  com- 
municate to  both  branches  of  the  city  council  such  infor- 
mation, and  recommend  such  measures,  as  may  tend  to  the 
improvement  of  the  finances,  the  police,  health,  security, 
cleanliness,  comfort,  and  ornament  of  the  city.  The  mayor 
may  appoint  such  number  of  clerks  and  messengers  in  his 
office  as  he  may  deem  expedient,  fix  the  compensation,  and 
remove  them  at  pleasure. 

Sect.  42.  Every  act  of  the  city  council,  or  of  either 
branch  tli'ereof,  shall  be  by  ordinance,  order,  resolution,  or 
vote.  Every  ordinance,  order,  resolution,  or  vote  to  which 
the  concurrence  of  the  board  of  aldermen  and  of  the  common 
council  may  be  necessary  (except  on  a question  of  convention 
of  the  two  branches) , and  every  order  or  vote  of  either  branch 
involving  the  expenditure  of  money,  or  afiecting  the  public 
intersts,  shall  be  presented  to  the  mayor ; if  he  approves 
thereof,  he  shall  signify  his  approbation  by  signing  the  same  ; 
but,  if  not,  he  shall  return  it,  with  his  objections,  to  the  branch 
in  which  it  originated,  and  the  clerk  thereof  shall  record  such 
objections  ; and  said  branch  shall  proceed  to  reconsider  said 
ordinance,  order,  resolution,  or  vote  ; and  if,  after  such  recon- 
sideration, two-thirds  of  the  members  present,  notwithstand- 


s 


13 


ing  such  objections,  vote  to  pass  the  same,  it  shall,  together 
with  the  objections,  be  sent  to  the  other  branch  of  the  city 
council  (if  it  originally  required  concurrent  action),  where 
it  shall  also  be  reconsidered,  and  if  it  be  also  approved  by  two- 
thirds  of  the  members  present,  it  shall  be  in  force ; but  in 
all  cases  the  vote  shall  be  determined  by  yeas  and  nays.  If 
any  such  ordinance,  order,  resolution,  or  vote  shall  not  be 
returned  by  the  mayor  to  the  clerk  of  the  branch  in  which  it 
originated,  within  ten  days  after  it  shall  have  been  presented 
to  him,  the  same  shall  be  in  force ; p'i't>vided,  that  if  any  or- 
dinance, order,  resolution,  or  vote  embraces  distinct  sub- 
jects the  mayor  may  approve  the  provisions  relating  to  one 
or  more  of  the  subjects  and  not  approve  of  the  others  ; and  so 
much  of  said  ordinance,  order,  resolution,  or  vote  as  the  mayor 
may.  not  approve  shall  be  reconsidered  as  above  provided. 
But  the  veto  power  of  the  mayor  shall  not  extend  to  the 
election  of  officers  required  by  any  law  or  ordinance  to  be 
chosen  by  the  city  council  in  convention  or  by  concurrent 
action,  unless  expressly  so  provided  therein. 

Sect.  43.  Whenever,  inconsequence  of  the  death  or  res- 
ignation of  the  mayor,  or  from  any  other  cause,  the  office 
shall  have  become  vacant,  and  the  l)oard  of  aldermen  and  the 
common  council  shall  each  have  declared  by  vote  that  the 
office  is  vacant,  and  that  it  is  expedient  to  fill  it,  the  board 
of  aldermen  shall  issue  warrants  for  the  election  of  a mayor 
for  the  remainder  of  the  term  for  which  the  last  mayor  was 
elected,  and  the  same  proceedings  shall  be  had  as  are  pro- 
vided by  law  for  the  choice  of  a mayor  by  the  inhabitants. 
Until  such  vacancy  is  filled  as  aforesaid,  and  whenever  the 
mayor,  from  absence,  illness  or  other  temporary  disability, 
cannot  perform  the  duties  of  the  office,  and  such  vacancy  or 
disability  has  been  declared  by  the  board  of  aldermen  to 
exist,  the  chairman  of  the  board  of  aldermen  shall  exercise 
the  powers  and  perform  the  duties  of  mayor  as  long  as  such 
vacancy  or  disability  continues,  but  while  so  acting  he ^hall 
not  be  entitled  to  vote  as  a member  of  the  said  board. 


14 


Sect.  44.  In  all  cases  where  appointments  made  by  the  ^ 
mayor  are  subject  to  approval  by  the  city  council,  the 
question  upon  approval  shall  he  taken  in  the  two  branches 
of  the  city  council  by  yeas  and  nays. 

Sect.  45.  In  all  cases  where  anything  is  required  or 
authorized  by  any  law  or  ordinance  to  he  done  by  the  mayor 
and  aldermen,  the  hoard  of  aldermen  shall  first  act  thereon ; 
and  every  such  order,  resolution,  or  vote  of  said  board  shall 
he  presented  to  the  mayor  for  his  approval. 

Sect.  46.  In  all  c.ases  wherein  appointments  to  office  are 
directed  by  law  to  he  made  by  the  mayor  and  aldermen,  they 
shall  be  made  by  the  mayor,  with  the  approval  of  the  board 
of  aldermen,  and  such  officers  may  be  removed  by  the  mayor. 

Sect.  47.  The  city  council  may  provide  by  ordinance  for 
the  appointment  and  removal  by  the  mayor,  subject  to  con- 
firmation by  either  or  both  branches  of  the  city  council,  of 
all  officers  of  the  city,  not  otherwise  provided  for,  and  may 
prescribe  their  duties  and  fix  their  compensation. 

Sect.  48.  The  mayor  shall  forthwith  communicate  to  the 
city  council  all  appointments  to  office  made  by  him,  or  by 
any  boards,  commissioners,  or  officers,  with  his  approval. 

Sect.  49.  The  city  council  may  modify  or  repeal  any  of 
the  existing  ordinances,  and  shall  have  power  to  make 
such  by-laws  and  ordinances,  not  inconsistent  with  the 
laws  of  the  commonwealth,  as  towns  and  cities  have 
power  to  make,  and  to  annex  penalties,  not  exceeding  one 
hundred  dollars,  for  the  breach  thereof : which  by-laws  and 
ordinances  shall  take  efiect  and  be  in  force  from  and  after 
the  time  therein  respectively  limited,  without  the  sanction  or 
confirmation  of  any  court  or  other  authority  whatsoever. 
The  several  boards,  commissioners,  and  officers  in  the 
city  government  shall  be  subject  to  the  ordinances  and  orders 
of  the  city  council  not  inconsistent  with  the  provisions  of 
this  act. 

Si^CT.  50.  The  city  council  shall  have  power  from  time 
to  time,  through  the  agency  of  the  board  of  assessors 


15 


to  levy  and  assess  taxes  for  all  purposes  for  which  towns, 
cities,  and  counties  are  by  law  required  or  authorized  to 
assess  and  grant  money. 

Sect.  51.  The  city  council  shall  make  all  appropriations 
of  public  money ; and,  consistently  with  other  provisions  of 
this  act,  provide  for  the  disbursement  thereof. 

Sect.  52.  No  member  of  the  city  council  shall  hold,  or  be 
appointed  to,  any  office,  the  salary  of  which  is  payable  out  of 
the  city  treasury. 

Sect.  53.  Every  department  of  the  city  government,  the 
school  committee,  and  all  officers  having  authority  to  expend 
money  on  behalf  of  the  city,  shall  annually,  in  the  month  of 
January,  furnish  to  the  auditor  an  estimate,  in  detail,  of  the 
amount  of  money  required  for  the  purposes  of  their  respec- 
tive departments  and  offices  for  the  next  financial  year. 

Sect.  54.  The  appropriations  for  each  department  and 
office  of  the  city  shall  define,  as  far  as  practicable,  the  specific 
purposes  for  which  the  money  appropriated  is  to  be  expended. 
No  expenditure,  nor  any  contract  or  agreement  involving  the 
payment  of  money,  shall  be  made  in  any  department  or 
office,  or  by  any  board,  commissioner  or  officer  for  the  city, 
for  any  purpose  not  included  in  the  appropriation  made  by 
the  city  council,  or  in  excess  of  the  appropriation  so  made, 
unless  by  a vote  of  two-thirds  of  the  whole  of  each  branch  of 
the  city  council  previously  obtained. 

Sect.  55.  No  transfer  of  appropriations  from  one  depart- 
ment or  office  to  another,  or  from  one  specific  object  to 
another,  in  the  same  department  or  office,  shall  be  made 
without  the  consent  of  the  city  council. 

Sect.  56.  No  money  shall  be  paid  out  of  the  treasury  of 
the  city  unless  the  same  shall  be  for  an  expenditure  expressly 
authorized  by  law,  and  the  bill,  account  or  contract  for  the 
same  shall  have  been  approved  by  the  board,  commissioners, 
trustees,  committee  or  person  under  whose  authority  it  has 
been  authorized  and  made,  nor  unless  the  same  has  been  ex- 


16 


amined  and  certified  by  the  auditor,  approved  by  a commit-  / 
tee  of  the  city  council,  and  drawn  for  by  the  mayor. 

Sect.  57.  The  supplies  required  in  the  several  depart- 
ments shall,  unless  otherwise  provided,  be  purchased  by  the 
board,  commissioners  or  otficers  having  charge  of  the  same, 
under  such  rules  and  regulations  as  the  city  council  may 
prescribe ; but  no  purchase  or  contract  shall  be  made  on  ac- 
count of  the  city  exceeding  in  amount  five  thousand  dollars, 
unless  with  the  approval  of  the  city  council. 

Sect.  58.  When  the  materials,  supplies  and  labor  required 
for  the  completion  of  any  contemplated  purpose  or  object  are 
estimated  to  cost  five  thousand  dollars  or  more,  the  officers 
having  the  same  in  charge  shall,  unless  otherwise  ordered 
by  the  city  council,  make  public  advertisement  for  pro- 
posals to  furnish  said  materials,  supplies  and  labor,  under 
such  regulations  as  the  city  council  may,  by  ordinance,  pre- 
scribe. All  such  proposals  shall  be  publicly  opened  at  a 
time  and  place  to  be  named  in  such  advertisement.  A 
bond,  with  sureties  or  security,  satisfactory  to  the  oflSlcers 
so  advertising,  shall,  in  all  cases,  be  required  for  the  faithful 
performance  of  any  contract  for  materials,  supplies  or  labor  • 
awarded  under  such  advertisement,  and  said  contract  shall  be 
deposited  with  the  auditor.  A specification,  in  detail,  of  the 
contracts  for  which  proposals  are  requested,  and  the  names 
of  the  persons  to  whom  the  contracts  are  awarded,  with  the 
terms  of  the  same,  shall  be  recorded  in  books  kept  for  the 
purpose,  and  shall  be  open  to  inspection  by  the  public,  under 
such  rules  as  the  city  council  may  prescribe. 

Sect.  59.  The  city  council  shall  prescribe  by  ordinance, 
the  manner  in  which,  and  the  officers  through  whom,  the 
fuel  required  for  the  school-houses  and  the  several  depart- 
ments and  offices  of  the  city  government  shall  be  purchased. 

Sect.  60.  No  land  belonging  to  the  city  shall  be  given 
away  ; and  no  property  belonging  to  the  city,  either  real  or  per- 
sonal estate,  the  estimated  value  of  which  shall  exceed  one 


17 


thousand  dollars,  shall  be  sold,  except  by  public  auction,  unless 
otherwise  ordered  by  the  city  council.  The  city  council 
shall,  by  ordinance,  prescribe  such  regulations  for  the  public 
advertisement  and  sale  of  such  property  as  they  may  deem 
expedient,  not  inconsistent  with  the  foregoing  provisions.  A 
statement  of  all  property  sold,  both  real  and  personal, 
belonging  to  the  city,  shall  be  made  to  the  auditor,  and 
payment  for  the  same  shall  be  made  by  the  purchaser  to  the 
city  treasurer. 

Sect.  61.  No  loan,  pledging  the  credit  of  the -city  for  a 
term  of  years,  shall  be  made  for  a less  amount  than  one 
hundred  thousand  dollars. 

Sect.  62.  Whenever  a street  or  way  of  the  city  is  laid 
out,  extended,  widened,  paved  or  repaired,  the  cost  of  the 
same,  if  less  than  one  hundred  thousand  dollars,  shall  be  paid 
from  the  appropriations  for  the  current  financial  year ; and 
whenever  a building  is  erected,  purchased,  or  repaired,  or  a 
parcel  of  land  is  purchased  or  taken  in  accordance  with  law,  for 
the  purposes  of  the  city,  except  for  the  water  department, 
the  cost  of  the  same,  if  less  than  one  hundred  thousand  dol- 
lars, shall  be  paid  from  the  appropriation  for  the  current 
financial  year  ; provided,  however,  that  by  a vote  of  two-thirds 
of  the  whole  of  each  branch  of  the  city  council,  a temporary 
loan  for  a term  not  exceeding  one  year,  for  a purpose  author- 
ized by  law,  may  be  made  for  any  amount  so  voted ; and  the 
payment  of  the  said  temporary  loan  shall  be  provided  for  by 
including  the  amount  thereof  in  the  sum  to  be  raised  by  tax- 
ation in  the  next  financial  year. 

Sect.  63.  Whenever  it  is  declared,  by  a vote  of  two- 
thirds  of  the  whole  of  each  branch  of  the  city  council,  that  a 
necessity  exists,  and  it  is  expedient  for  the  city  to  borrow, 
upon  a pledge  of  its  credit  for  a term  of  years,  a sum  of 
money  to  be  expended  for  purposes  authorized  by  law,  then 
and  not  otherwise,  upon  such  conditions  as  the  city  council 
may  prescribe,  bonds  or , certificates  of  indebtedness  of  the 


18 


city  may  be  issued  to  the  amount  so  voted  by  the  city  coun- 
cil ; said  bonds  or  certificates  of  indebtedness  shall  be  signed 
by  the  mayor,  treasurer  and  auditor  of  the  city ; shall  be 
payable  in  either  ten,  twenty,  or  thirty  years  from  their  date, 
at  the  option  of  the  city  council,  and  shall  bear  interest, 
payable  on  the  first  days  of  January  and  July,  or  of  April 
and  October,  in  each  year. 

Sect.  64.  For  all  bonds  or  certificates  of  indebtedness  of 
the  city,  payable  in  ten  years  from  their  date,  there  shall  be 
included  in  the  annual  appropriation,  and  raised  by  taxation, 
for  each  of  the  succeeding  ten  years,  a sum  of  money  equal 
to  eight  per  centum  of  the  amount  of  said  bonds  or  certificates 
as  a sinking  fund  for  the  payment  of  the  same.  For  all  bonds 
or  certificates  of  indebtedness  of  the  city,  payable  in  twenty 
years  from  their  date,  there  shall  be  included  in  the  annual 
appropriation  to  be  raised  by  taxation,  for  each  of  the  twenty 
years,  a sum  of  money  equal  to  four  per  centum  of  the  amount 
of  said  bonds  or  certificates,  as  a sinking  fund  for  the  pay- 
ment of  the  same.  For  all  bonds  or  certificates  of  indebted- 
ness payable  in  thirty  years  from  their  date,  there  shall  be 
included  in  the  annual  appropriation  and  raised  by  taxation, 
for  each  of  the  succeeding  thirty  years,  a sum  of  money  equal 
to  two  per  centum  of  the  amount  of  said  bonds  or  certificates, 
as  a sinking  fund  for  the  payment  of  the  same. 

Sect.  65.  The  sums  of  money  so  raised  by  taxation  for 
the  said  sinking  funds  shall  be  paid  by  the  treasurer  to  the 
commissioners  of  the  sinking  funds  annually  on  the  first  day 
of  December. 

Sect.  66.  All  the  money  received  for  betterments,  or  for 
the  sale  of  lands  and  buildings  belonging  to  the  city,  not  other- 
wise appropriated,  shall  be  paid  by  the  treasurer,  monthly, 
to  the  said  commissioners,  to  the  credit  of  the  general  sinking 
fund,  as  herein  provided,  so  long  as  it  exists. 

Sect.  67.  The  income,  if  any,  received  in  excess  of  the 


19 


estimates  of  income  ; and  the  excess,  if  any,  of  the  appropri- 
ations as  provided  in  the  annual  appropriations  by  the  city 
council  over  the  expenditures  shall,  at  the  end  of  each  finan- 
cial year,  be  paid  by  the  treasurer  to  said  commissioners, 
to  the  credit  of  the  tax  to  be  raised  for  the  ensuing  year, 
for  the  purposes  of  the  sinking  funds ; and  the  remainder  of 
the  amount  to  be  raised  each  year  by  taxation,  for  the  pur- 
poses of  the  sinking  funds,  and  for  the  payment  of 
interest  on  the  debt,  after  making  allowance  for  said 
credit,  if  any,  shall  annually,  in  the  month  of  Janu- 
ary, be  certified  to  the  auditor,  by  the  commissioners 
of  the  sinking  funds,  and  shall  be  part  of  the  amount  to 
be  raised  by  taxation,  and  shall  not  be  subject  to  change 
by  the  city  council ; jprovided,  that  whenever  in  the  judg- 
ment of  the  commissioners  the  amount  of  either  of  the 
sinking  funds  has  already  become,  or  with  its  prospective 
accumulations  and  additions  will  be,  sufficient  to  redeem  or 
pay  at  maturity  the  outstanding  bonds  or  certificates  of  in- 
debtedness of  the  city  to  which  it  is  applicable,  they  may 
omit  so  much  of  the  tax  applicable  to  said  sinking  fund  in 
their  annual  certificate  to  the  auditor  as  they  may  deem 
expedient. 

Sect.  68.  All  of  the  sinking  funds  now  existing  for  the 
payment  of  the  bonds  issued  under  them,  to  the  maintaining 
of  which  the  honor  or  good  faith  of  the  city  of  Boston  is 
pledged,  shall  be  maintained  as  originally  provided. 

Sect.  69.  The  surplus,  if  any,  of  the  special  sinking  funds 
now  in  existence,  after  the  payment  of  the  bonds  for  which 
they  were  created,  shall  be  transferred  to  a fund,  to  be  called 
the  "General  Sinking  Fund,”  which  fund  shall  be  for  the 
payment  of  any  of  the  bonds  now  outstanding  against  the  city. 
The  remainder  of  said  general  sinking  fund,  if  any,  after 
all  the  bonds  now  outstanding  against  the  city  are  paid,  shall 
be  transferred  to  the  other  sinking  funds,  in  such  propor- 
tions as  said  commissioners  may  deem  just  and  equitable. 


20 


Sect.  70.  The  mayor,  the  chairman  of  the  board  of  aider- 
men,  the  president  of  the  common  council,  the  treasurer, 
and  the  auditor,  together  with  two  persons,  not  members  of 
the  city  council,  to  be  appointed  by  the  mayor,  with  the 
approval  of  the  city  council,  to  serve  without  compensa- 
tion, for  the  term  of  three  years,  shall  constitute  the  board 
of  commissioners  of  the  sinking  funds,  for  the  payment  of 
the  city  debt.  The  present  sinking  funds  of  the  city,  and 
those  created  by  this  act,  shall  be  under  the  control  and 
management  of  said  commissioners.  The  mayor  shall  be 
chairman,  the  auditor  of  the  city  secretary  and  auditor, 
and  the  treasurer  of  the  city  shall  be  treasurer  of  said 
board.  The  secretary  shall  keep  a record  of  the  doings 
of  the  con^missioners  at  their  meetings,  which  shall  state  the 
names  of  those  present ; and  no  business  shall  be  transacted 
unless  four  of  said  commissioners  are  present  at  the  meeting. 

Sect.  71.  The  money  which  comes  into  the  possession 
of  the  said  commissioners  from  any  source,  to  add  to  a sink- 
ing fund,  shall  be  invested  by  them  in  the  particular  bonds 
for  the  redemption  of  which  said  sinking  fund  was  estab- 
lished, whenever  said  bonds  can  be  bought  at  par  and  accrued 
interest  or  less ; and  they  may  invest  in  said  bonds,  at  a 
higher  price  than  par  and  accrued  interest,  whenever  .they 
may  deem  it  expedient  so  to  do.  Said  purchased  bonds  shall 
be  immediately  cancelled,  and  the  city  treasurer  shall  give  in 
exchange  therefor  registered  bonds  or  certificates  of  a like 
amount,  payable  to  said  commissioners  and  to  no  other  per- 
sons, and  specifying  the  particular  fund  to  which  they  belong, 
so  that  said  bonds  or  certificates  cannot  be  negotiated  nor 
diverted  from  the  particular  fund  of  which  they  form  a part. 
Said  bonds  or  certificates  shall  be  payable  at  the  same  time, 
and  bear  interest  on  the  same  terms  as  said  cancelled  bonds. 

If  said  bonds  cannot  be  obtained  as  above,  the  commis- 
sioners may  invest  in  bonds  of  any  of  the  New  England 


21 


States,  bonds  of  the  United  States,  or  of  any  of  the  cities 
and  towns  of  this  Commonwealth,  and  in  no  other  way. 

Sect.  72.  The  commissioners  of  the  sinking  funds  may 
sell,  at  their  discretion,  any  of  the  securities  held  by  them  in 
the  sinking  funds. 

Sect.  73.  Separate  accounts  shall  be  kept  with  each  fund, 
and  the  money  and  securities  belonging  to  each  shall  be  kept 
distinct,  and  the  bonds  or  certificates  of  indebtedness  held 
by  said  commissioners  shall,  as  far  as  practicable,  be 
registered. 

Sect.  74.  The  money  belonging  to  the  sinking  funds  shall 
be  deposited  in  such  banks  in  the  city  of  Boston  as  the  com- 
missioners may  approve  ; and  all  drafts  or  checks  for  money 
from  said  banks  on  account  of  the  sinking  funds  shall  be 
signed  by  the  treasurer,  and  countersigned  by  the  chairman 
or  auditor. 

Sect.  75.  When  a bond  or  certificate  of  indebtedness  of 
the  city  is  paid,  or  registered  certificates  are  given  in 
exchange  for  coupon  bonds,  or  a certificate  is  exchanged 
for  any  cause,  the  bonds  or  certificates  so  paid,  or  received 
in  exchange,  shall  be  immediately  cancelled  by  the  treas- 
urer, by  mutilation  and  defacement,  and  delivered  to  the 
auditor,  who  shall  make  a record  of  the  bonds  so  cancelled, 
giving  their  date,  number,  and  amount  in  a book  kept  for 
the  purpose. 

Sect.  76.  When  all  the  bonds  hereafter  issued,  payable 
in  either  ten,  twenty,  or  thirty  years,  are  paid,  the  remain- 
der, if  any,  of  the  sinking  fund  made  for  the  redemption  of 
that  class  of  bonds  for  which  it  was  established,  shall  be 
transferred  to  the  treasurer  for  the  general  purposes  of  the 
city. 

Sect.  77.  The  commissioners  annually,  in  the  month  of 
May  or  June,  shall  make  a report  to  the  city  council,  giving 
a statement  in  detail  of  the  condition  of  each  fund  on  the 
thirtieth  day  of  April  next  preceding ; and  shall,  from  time 


22 


to  time,  prepare  such  other  reports,  statements,  or  accounts 
for  the  use  of  the  city  council,  as  they  may  require. 

Sect.  78.  The  city  council  shall  make  appropriation, 
annually,  for  the  payment  of  the  treasurer,  the  secretary  of 
said  commissioners,  and  such  clerical  and  office  expenses  as 
may  be  necessary  for  the  proper  care  and  management  of  the 
several  funds. 

THE  CITY  CLERK. 

Sect.  79.  The  aldermen  and  common  council  in  conven- 
tion in  the  month  of  January  shall  choose  a clerk  for  the 
term  of  one  year,  and  until  another  person  is  duly  chosen 
and  qualified  in  his  stead,  who  shall  be  sworn  to  the  faithful 
discharge  of  the  duties  of  his  office,  and  shall  be  removable 
at  the  pleasure  of  the  board  of  aldermen,  the  mayor  thereto 
consenting.  He  shall  keep  a journal  of  the  acts  and  pro- 
ceedings of  the  board  of  aldermen,  sign  all  warrants  issued 
by  them,  and  do  such  other  acts,  in  his  said  capacity,  as  may 
lawfully  and  reasonably  be  required  of  him.  He  shall  have 
the  care  and  custody  of  the  city  records,  and  of  all  docu- 
ments, maps,  plans,  and  papers,  respecting  the  care  and 
custody  of  which  no  other  provision  is  made. 

Sect.  80.  The  city  clerk,  ‘ with  the  approval  of  the 
board  of  aldermen,  shall  annually  appoint  an  assistant  city 
clerk,  to  aid  him  in  discharging  the  duties  of  the  office ; in 
case  of  a vacancy  in  the  office  of  clerk,  or  of  the  absence  or 
inability  of  the  clerk  to  perform  his  duties,  said  assistant 
shall  have  the  powers  and  perform  the  duties  of  the  city 
clerk. 

Sect.  81.  The  city  clerk  shall  fix  the  compensation  of 
the  assistant  city  clerk,  and  shall  appoint  and  fix  the  com- 
pensation of  all  other  clerks  and  assistants  in  his  office,  and 
may  remove  them  at  any  time. 

Sect.  82.  The  city  clerk  and  assistant  city  clerk  shall 
lake  and  subscribe  an  oath  for  the  faithful  discharge  of  their 
duties. 


23 


THE  CITY  TEEASUEER. 

Sect.  83.  The  city  council  shall,  in  the  month  of  May  or 
June,  meet  together  in  convention  and  elect  a suitable  person  to 
be  the  treasurer  of  said  city,  who  shall  also  be  county  treasurer ; 
and  who  shall  hold  his  office  until  his  successor  is  chosen  and 
qualified  in  his  stead.  He  shall  be  the  custodian  of  all  money, 
bonds,  certificates  of  indebtedness,  notes  and  mortgages  be- 
longing to  the  city  or  county.  He  shall  give  bond  for  the 
faithful  performance  of  his  duties,  and  for  the  safe  custody  of 
the  money  and  other  property  intrusted  to  him  and  to  the 
officers  appointed  by  him,  with  sureties,  satisfactory  to  the 
mayor  and  aldermen,  for  such  an  amount  as  may  be  deemed 
proper  by  the  city  council.  He  shall  appoint  all  the  officers, 
clerks,  and  other  persons  employed  in  his  office,  prescribe 
their  duties,  fix  their  compensation,  and  may  remove  them  at 
pleasure. 

Sect.  84.  The  treasurer  shall  be  collector  of  taxes  for 
the  city  of  Boston  and  county  of  Sufiblk,  and  shall  have 
all  the  powers  given  to,  and  perform  all  the  duties  imposed 
by  law  upon,  treasurers  when  collectors  of  taxes ; and  shall 
have  all  the  powers  and  perform  the  duties  authorized  or  re- 
quired by  law  from  the  treasurer  of  the  city  of  Boston,  and 
of  and  from  treasurers  of  cities  or  towns,  except  so  far  as 
they  may  be  modified  or  changed  by  this  act. 

Sect.  85.  The  mayor,  twice  within  each  financial  year, 
shall  appoint  three  members  of  the  city  council  to  examine, 
without  previous  notice,  the  accounts  of  the  city  treasurer, 
and  the  money,  securities,  and  property  of  every  kind  in  his 
possession,  belonging  to  the  city  of  Boston  and  the  county 
of  Sufiblk,  and  report  the  result  of  such  examination  in  writr- 
ing to  the  city  council. 

Sect.  86.  The  treasurer  shall  deposit  the  money  belong- 
ing to  the  city  and  county  in  such  banks  in  Boston  as  he 


24 


may  select,  subject  to  approval  by  the  commissioners  of  the 
sinking  fund. 


THE  AUDITOR  OF  ACCOUNTS. 

Sect.  87.  There  shall  be  appointed,  in  the  month  of  May 
or  June,  annually,  by  concurrent  ballot  in  each  board,  one 
able  and  discreet  person  to  be  styled  auditor  of  accounts  ; he 
shall  continue  in  office  until  removed,  or  until  a successor  is 
appointed.  The  auditor  shall  appoint  the  clerks  in  his  office, 
fix  their  compensation,  prescribe  their  duties,  and  may  re- 
move them  at  pleasure.  He  shall  take  and  subscribe  an 
oath,  before  the  city  clerk,  for  the  faithful  performance  of 
his  duties. 

Sect.  88.  Whenever  the  office  of  auditor  of  accounts  shall 
be  vacant  by  death,  resignation,  or  other  cause,  and  when- 
ever the  auditor  of  accounts  may  be  unable  to  perform  the 
duties  of  his  office  by  reason  of  sickness,  absence,  or  other 
disability,  the  mayor  may  appoint  an  auditor  of  accounts  pro 
tempore,  who  shall  hold  his  office,  unless  sooner  removed  by 
the  mayor,  until  the  vacancy  be  filled  by  the  city  council,  or 
until  such  disability  shall  cease,  as  the  case  may  be.  Any 
auditor  of  accounts  so  appointed  by  the  mayor,  shall  have  all 
the  powers,  and  be  subject  to  all  the  duties  which  appertain 
to  the  said  office,  and  he  shall  be  sworn  to  the  faithful  dis- 
charge of  the  duties  thereof ; but  no  official  bond  shall  be  re- 
quired of  him  unless  the  same  be  ordered  by  the  mayor. 

Sect.  89.  All  bills  and  accounts  due  from  the  city  and 
county,  approved  in  accordance  with  the  requirements  of 
this  act,  shall  be  presented  to  the  auditor,  who  shall  exam- 
ine them  in  detail ; if  he  believes  them  to  be  just  and  true 
claims  against  the  city  or  county,  and  in  conformity  with 
law  and  the  ordinances  of  the  city,  and  if  pa^mient  is  provided 
therefor  in  the  appropriations  by  the  city  council,  he  shall  re- 
cord them  and  certify  them  for  payment.  Before  certifying  any 


4 


25 


claim  the  auditor  may  require  any  fact  he  deems  material  in 
relation  thereto  to  be  proved  on  oath  or  otherwise. 

Sect.  90.  It  shall  be  the  duty  of  the  auditor  to  lay  be- 
fore the  city  council  annually,  in  the  month  of  February,  an 
estimate  of  the  amount  of  money  necessary  to  be  raised  by 
taxation  for  the  ensuing  year,  giving  in  detail  the  amount  of 
appropriation  required  for  each  department  and  office  of  the 
city  government,  with  an  estimate  of  the  income  of  the  city 
from  all  sources,  except  taxes,  and  to  furnish  such  estimates 
as  may  be  requested  by  the  mayor  and  city  council,  or  either 
of  them. 

Sect.  91.  The  auditor  shall  keep  a record  of  all  the  real 
estate  owned  by  the  city,  and  of  the  bonds,  notes,  mortgages, 
and  all  other  property  in  the  custody  of  the  treasurer,  and 
shall,  in  a book  kept  for  the  purpose,  charge  in  account  to 
, the  treasurer  the  amount  of  taxes  placed  in  his  hands  for 
collection.  The  treasurer  shall  annually,  on  or  before  the 
fifteenth  day  of  May,  send  to  the  auditor  a statement  of  the 
bonds,  notes  and  mortgages  in  his  possession  on  the  thirtieth 
day  of  April  preceding,  and  of  the  payments  received  upon 
the  same  during  the  preceding  financial  3*ear. 

Sect.  92.  The  auditor  shall  be  custodian  of  the  deeds, 
leases,  releases,  conveyances,  agreements,  and  other  legal 
papers  for  the  care  of  which  no  other  provision  is  made ; 
and  he  shall  also  be  custodian  of  the  bonds  of  all  the  city 
officers  except  his  own,  which  shall  be  deposited  with  the 
treasurer. 

Sect.  93.  It  shall  be  the  duty  of  the  auditor  to  publish 
and  distribute  among  the  citizens,  at  the  close  of  each 
financial  year,  a statement  in  detail  of  the  receipts  and 
expenditures  of  all  public  money,  and  of  all  city  property. 

Sect.  94.  The  auditor  annually,  in  the  month  of  Jan- 
uary or  February,  shall  report  to  the  city  council  in  print  a 
list  of  all  persons,  except  day-laborers,  who,  on  the  first 
Monday  of  January,  were  receiving  salaries  from  the  city. 


26 


giving  the  name  and  residence  of  each  person,  the  duties 
performed,  and  the  rate  of  compensation  allowed  therefor. 

BOARDS  AND  DEPARTMENTS. 

Sect.  95.  There  shall  be  the  following  boards  and  depart- 
ments in  the  city  government,  viz.  : — 

The  Public  School  Department. 

The  Assessors’  Department. 

The  Law  Department. 

The  Police  Department. 

The  Street  Department. 

The  Department  of  Buildings  and  Lands. 

The  Water  Department. 

The  Health  Department. 

The  Fire  Department. 

The  Department  of  Public  Institutions. 

The  Department  of  Overseers  of  the  Poor. 

The  City  Hospital  Department. 

The  Public  Library  Department. 

The  Department  of  Public  Grounds. 

The  Board  of  County  Accounts. 

THE  PUBLIC  SCHOOL  DEPARTMENT. 

Sect.  96.  The  qualified  voters  of  each  ward  shall,  at  the 
annual  election  occurring  in  the  year  eighteen  hundred  and 
seventy-five,  choose  two  persons  to  be  members  of  the  school 
committee,  to  serve  without  compensation.  The  person  who 
shall  receive  the  largest  number  of  votes,  or,  in  case  both 
persons  elected  shall  have  received  the  same  number  of  votes, 
the  person  who  is  senior  by  age,  shall  hold  the  office  for 
four  years,  and  the  other  person  so  elected  shall  hold  the 
office  for  two  years ; and  at  the  annual  election  occurring 
each  second  year  thereafter,  one  person  shall  be  chosen  in 


27 


each  ward  to  be  a member  of  the  school  committee  for  the 
term  of  four  years,  \7acancies  in  the  board  shall  be  filled  in 
the  manner  provided  by  law.  The  persons  elected  as  afore- 
said in  the  year  eighteen  hundred  and  seventy-five  shall  enter 
upon  their  duties  on  the  first  Monday  in  January  in  the  year 
eighteen  hundred  and  seventy-six,  and  the  terms  of  office  of 
the  members  of  the  existing  board  shall  then  terminate. 

Sect.  97.  The  school  committee  shall  meet  and  organize 
on  the  Tuesday  next  after  the  first  Monday  in  January  in 
each  year,  at  such  hour  as  the  mayor  may  appoint,  and 
choose  one  of  their  number  as  chairman.  They  shall  choose 
a secretary,  not  of  their  own  number,  an  auditing  clerk,  and 
such  other  subordinate  officers  as  they  may  deem  expedient ; 
they  shall  define  their  duties,  fix  their  compensation,  and  may 
remove  them  at  pleasure. 

Sect.  98.  The  school  committee  shall  have  authority  to 
decide  upon  all  questions  relative  to  qualifications,  elections 
and  returns  of  their  members.  A majority  of  the  whole  of 
the  school  committee  shall  constitute  a quorum  for  the  trans- 
action of  business.  • 

Sect.  99.  During  the  month  of  February,  in  the  year 
eighteen  hundred  and  seventy-six,  the  mayor  shall,  with  the 
.approval  of  the  school  committee,  appoint  six  persons,  who 
shall  constitute  a board  of  examiners  of  the  applicants  for 
the  position  of  teachers  in  the  public  schools,  and  of  the 
pupils  therein.  Two  of  the  members  of  said  board  shall  be 
appointed  for  one  year,  two  for  two  years,  and  two  for  three 
years.  And  annually  thereafter  the  mayor  shall  appoint, 
with  like  approval,  two  persons  to  be  members  of  said  board 
of  examiners  for  the  term  of  three  years.  Said  board  annu- 
ally, on  the  first  day  of  March,  shall  organize  by  the  choice  of 
one  of  their  number  as  chairman,  and  choose  a clerk,  pre- 
scribe his  duties,  fix  his  compensation,  and  they  may  remove 
him  at  pleasure.  The  compensation  of  the  examiners  shall 


28 


be  fixed  by  the  school  committee,  but  shall  not  be  less  than 
the  highest  sum  paid  to  any  teacher  in  the  employment  of  the 
city.  No  member  of  either  branch  of  the  city  council,  or 
of  the  school  committee,  or  any  one  holding  office  under 
either  of  said  bodies,  shall  hold  ojffice  as  one  of  the  board 
of  examiners. 

Sect.  100.  The  examinations  of  teachers  shall  be  con- 
ducted in  writing,  as  far  as  practicable,  and  oral  examinations 
shall  always  be  in  presence  of  a majority  of  the  board ; the 
board  shall  make  inquiry  as  to  the  character,  training, 
health,  capacity  and  experience  ot  every  applicant,  and  shall 
keep  a complete  record  of  such  examination,  with  the 
names  of  the  members  present  and  the  result  of  said  inquiry, 
which,  together  with  the  examination  papers,  shall  at  all  times 
be  open  to  the  inspection  of  the  school  committee.  If  the  re- 
sult of  the  examination  and  inquiry  as  to  the  qualifications  of 
the  applicant  for  the  position  of  teacher  is  satisfactory,  a cer- 
tificate, signed  by  a majority  of  the  board  of  examiners,  shall 
be  given  to  the  applicant,  in  which  shall  be  particularly  de- 
fined the  gaade  of  school  and  the  position  in  which  the  appli- 
cant is  qualified  to  teach ; said  certificate  shall  be  good  for 
two  years  from  its  date. 

Sect.  101.  After  the  first  day  of  September  in  the  year  . 
eighteen  hundred  and  seventy-six,  all  teachers  of  the  public 
schools  of  the  city  shall  be  elected  by  the  school  committee, 
from  those  having  such  certificates,  to  serve  for  a term  of 
three  years  ; and  no  teacher  shall  be  elected,  or  advanced  to 
fill  a position  above  that  defined  in  his,  or  her,  certificate, 
without  further  examination,  and  a new  certificate,  of  his,  or 
her,  qualifications  and  ability  to  fill  such  position ; provided, 
however,  that  the  board  of  examiners  may  give  a certificate  of 
qualification  for  the  grades  of  head-master  of  either  of  the 
High,  Latin  or  Normal  schools,  or  of  teacher  of  a special* 
study  or  exercise,  to  any  person  who  in  their  unanimous 


29 


opinion  is  qualified  therefor,  without  said  previous  examina- 
tion. 

Sect.  102.  The  board  of  examiners,  by  a committee  of  one 
or  more  of  its  members,  shall  visit,  at  least  twice  in  each  year, 
without  previous  notice,  each  of  the  schools  under  the  charge  # 
of  the  school  committee,  examine  the  pupils  in  the  same,  and 
inquire  as  to  the  government,  discipline,  studies,  and  course 
of  instruction,  and  as  to  the  condition  of  the  school-house. 

The  board,  at  least  once  during  each  year,  shall  report  in 
writing  to  the  school  committee  in  detail  the  result  of  such 
inquiry  and  examination  of  each  school,  with  such  sugges- 
tions and  recommendations  as  they  may  deem  proper  and 
expedient  for  the  improvement  and  better  regulation  of 
the  schools.  The  board,  upon  the  request  of  the  school 
committee,  shall  make  special  examination  and  inquiry  as 
to  the  condition,  progress  and  needs  of  either  of  the  schools, 
and  report  the  result  to  the  school  committee. 

Sect.  103.  If  the  board  of  examiners  have  reason  to 
suppose  that  the  character,  qualifications  or  capacity  of  any 
teacher  now  in  office,  or  who  maybe  hereafter  elected,  is  be- 
low the  standard  which  they  have  adopted  for  the  position 
filled  by  said  teacher,  they  shall  examine  said  teacher  ; and  if 
he,  or  she,  be  found  deficient,  report  their  decision  to  the 
school  committee,  who  may  remove  the  said  teacher.  No 
person  removed  shall  again  be  elected  until  he,  or  she,  has 
again  obtained  a certificate  from  the  board  of  examiners. 

Sect.  104.  The  school  committee  shall  provide  for  the 
appointment  of  temporary  teachers  from  among  those  who 
have  the  proper  certificates. 

Sect.  105.  No  teacher,  elected  or  appointed  after  the  first 
day  of  September,  in  the  year  eighteen  hundred  and  seventy- 
six,  shall  be  paid  for  his  or  her  services  by  the  city,  who  has 
not  filed  with  the  auditor  copies  of  his  or  her  certificate  of 
examination,  and  of  election  or  appointment. 


30 


Sect.  106.  The  salaries  of  the  teachers,  and  of  all  other 
persons  employed  by  the  school  committee,  and  the  expenses 
of  said  committee,  shall  be  fixed  and  approved  by  the  com- 
mittee and  certified  by  the  auditing  clerk,  before  being  certi- 
% fied  for  payment  by  the  auditor  ; no  money  shall  be  received 
or  expended  by  the  school  committee  except  through  the 
treasurer  of  the  city. 

Sect.  107.  The  school  committee  shall  have  the  super- 
vision and  direction  of  the  public  schools,  and  shall  have  the 
powers  and  perform  the  duties  in  relation  to  the  care  and 
management  of  schools  which  the  selectmen  of  towns  or 
school  committees  are  now  authorized  or  required  by  law 
to  perform,  except  so  far  as  they  may  be  changed  or  modi 
fied  by  this  act.  They  may  elect  teachers,  in  conformity  with 
the  provisions  of  this  act,  and  may  discharge  those  now  in 
oflSce,  as  well  as  those  hereafter  elected.  They  may  appoint 
janitors  for  the  school-houses,  fix  their  compensation,  assign 
their  duties,  and  may  discharge  them  at  pleasure. 

Sect.  108.  The  board  of  examiners  shall  exercise  the 
powers,  and  perform  the  duties,  prescribed  by  law  or  ordi- 
nances of  the  city,  or  by  the  existing  rules  and  regulations  of 
the  school  committee  for  the  superintendent  of  schools,  not 
inconsistent  with  the  provisions  of  this  act,  and  so  far  as  the 
same  are  applicable ; and  also  those  of  the  school  committee 
in  reference  to  prescribing  the  courses  of  study  for  the  sev- 
eral schools,  and  the  introduction  therein  of  new  text-books 
and  of  new  studies  and  exercises ; provided^  however^  before 
any  change  is  made  of  a book  in  use,  or  any  new  study  or 
exercise  is  introduced  into  any  school  by  the  board  of  ex- 
aminers, they  shall  make  a statement  in  writing  to  the  school 
committee  of  their  reasons  for  proposing  such  change,  new 
study,  or  exercise  ; and  the  same  shall  not  be  made  or  intro- 
duced until  it  shall  have  been  approved  by  the  school  com- 
mittee by  vote ; and  such  a vote  of  approval  shall  not  be 
passed,  nor  shall  any  agreement  or  contract  be  made  for  fur- 


31 


nishing  a new  book  or  new  edition  of  a book,  for  any  school, 
until  an  estimate  of  the  number  of  books  required,  and  of 
the  cost  thereof,  shall  have  been  reported  in  writing  to  the 
school  committee,  by  a committee  thereof. 

Sect.  109.  The  school  committee  shall  have  power  to 
contract  for  text-books  and  books  of  references,  and  such  maps 
charts  and  instruments  as  may  be  required  for  use  in  the 
schools,  when  the  same  have  been  recommended  by  the  board 
of  examiners  and  approved  by  the  school  committee  as 
' herein  prescribed. 

Sect.  110.  The  mayor,  with  the  approval  of  the  school 
committee,  shall  appoint  two  or  more  truant  officers,  who 
shall  perform  the  duties  of  said  office  as  required  by  law,  the 
ordinances  of  the  city,  or  rules  of  the  school  committee.  The 
compensation  of  said  officers  shall  be  fixed  by  the  school 
committee,  with  the  approval  of  the  mayor.  Said  officers 
shall  make  quarterly  reports  in  detail  of  their  doings  to . the 
school  committee,  and  may  be  removed  from  office  by  the 
mayor. 

THE  assessors’  DEPARTMENT. 

Sect.  111.  The  mayor,  with  the  approval  of  the  city 
council,  shall  appoint,  in  the  month  of  January  in  the 
year  eighteen  hundred  and  seventy-six,  five  persons  to 
constitute  the  board  of  assessors  of  taxes  in  the  city  of 
Boston;  and  annually  thereafter  the  mayor  shall  appoint, 
in  the  month  of  January,  with  like  approval,  five  persons  as 
assessors  for  the  term  of  one  year.  The  assessors  shall 
meet  and  organize,  annually,  on  the  first  Monday  of  February, 
by  the  choice  of  a chairman  and  clerk. 

Sect.  112.  All  the  powers  and  duties  vested  by  law  and 
ordinance  in,  or  exercised  by,  assessors  of  towns  and  cities, 
shall  be  vested  in,  and  exercised  by,  said  assessors,  except 
so  far  as  the  same  are  changed  by  the  provisions  of  this 
act. 


32 


Sect.  113.  In  the  month  of  February,  in  each  year,  the 
territory  of  the  city  shall  be  divided,  by  the  assessors,  with 
the  approval  of  the  city  council,  into  as  many  assessment  * 
districts  as  the  convenient  despatch  of  business  may,  in  their 
judgment,  require. 

Sect.  114.  In  the  month  of  February,  in  the  year 
eighteen  hundred  and  seventy-six,  the  assessors  shall  ap- 
point, with  the  approval  of  the  city  council,  as  many 
persons  to  be  first  assistant  assessors  as  there  are  assess- 
ment districts  in  the  city,  to  hold  ofi&ce  for  one  year ; and, 
annually  thereafter,  they  shall  appoint,  in  like  manner,  for 
the  term  of  one  year,  a number  of  persons  to  be  first 
assistant  assessors,  equal  to  the  number  of  assessment  dis- 
tricts. 

Sect.  115.  The  first  assistant  assessors  shall  be  subject 
to  the  supervision  and  direction  of  the  assessors,  and  shall 
render  such  services  in  the  assessment  of  taxes,  and  in  other 
duties  appertaining  thereto,  as  may  be  required  by  them. 

Sect.  116.  The  assessors  and  first  assistant  assessors 
shall  constitute  a board,  to  be  presided  over  by  the  chairman 
of  the  assessors,  whose  duty  it  shall  be  to  estimate  the 
amount  of  personal  estate  for  which  each  person  shall  be 
assessed,  who  has  failed  to  render  a list  of  his  personal  estate 
liable  to  taxation  by  the  city,  according  to  law ; but  the  esti- 
mate of  said  board  shall  not  be  conclusive  or  binding  upon 
the  assessors. 

Sect.  117.  In  the  month  of  March,  annually,  the  assess- 
ors, with  the  approval  of  the  city  council,  shall  appoint 
a suitable  person  to  act  as  second  assistant  assessor  for  each 
assessment  district.  Said  second  assistant  shall  be  a resident 
of  the  ward  of  which  the  assessment  district  for  which  he  is 
appointed  forms  a part.  The  first  and  second  assistants  may 
be  removed  at  any  time  by  the  assessors,  with  the  approval 
of  the  board  of  aldermen.  ’ It  shall  be  the  special  duty  of 
the  second  assikant  asssessors  to  aid  the  first  assistants  in 


33 


the  work  of  estimating  the  value  of  the  real  estate  situated 
within  the  districts  for  which  they  are  respectively  appointed ; 
and  they  shall  render  such  other  services  appertaining  to 
their  office  as  may,  from  time  to  time,  be  required  of  them 
by  the  assessors,  or  first  assistant  assessors. 

Sect.  118.  The  assessors  annually,  on  or  before  the 
fifteenth  day  of  May,  shall  send  to  the  auditor  a statement 
of  the  amount  of  tax  bills  left  with  the  treasurer  for  collec- 
tion during  the  preceding  financial  year,  and  of  the  amount 
of  abatements  thereon. 

Sect.  119.  The  board  of  assessors  and  first  assistant 
assessors  shall. prepare,  annually,  in  the  month  of  March,  in 
the  manner  required  by  law  of  the  selectmen  of  towns,  a list 
of  inhabitants  of  the  city,  well  qualified  to  serve  as  jurors, 
which  list,  on  or  before  the  first  day  of  April  in  each  year, 
they  shall  transmit  to  the  city  clerk,  who  shall  duly  post  the 
same  in  the  manner  required  by  law.  The  said  list,  after  being 
duly  posted,  shall  be  submitted  by  said  clerk  to  the  city 
council  for  revision,  and  either  branch,  may,  by  vote,  strike 
any  names  from  the  list,  but  no  name  shall  be  added  thereto. 
In  case  of  the  neglect  of  the  city  council,  or  of  either  branch 
thereof,  to  complete  the  revision  of  said  list  within  thirty 
days  from  its  submission,  the  names  then  remaining  thereon 
shall  be  placed  in  the  jury-box  by  the  city  clerk,  in  the 
manner  required  by  law,  and  the  jurors  shall  be  drawn  by 
the  board  of  aldermen  upon  the  warrants  of  the  courts. 

Sect.  120.  The  board  of  aldermen  shall  have  and  exercise 
the  powers  in  relation  to  the  abatement  of  taxes  now  given 
by  law  to  the  street  commissioners  of  Boston. 


the  law  department. 

Sect.  121.  The  law  department  shall  consist  of  a city 
solicitor,  and  such  number  of  assistant  solicitors  as  the  city 
council  may,  from  time  to  time,  determine. 


34 


Sect.  122.  The  mayor,  with  the  approval  of  the  city 
council,  shall  appoint  one  person,  a counsellor-at-law,  to  be 
the  city  solicitor  for  the  term  of  one  year. 

Sect.  123.  The  city  solicitor,  on  or  before  the  first  day 
of  June  in  each  year,  shall  appoint,  with  the  written  approval 
of  the  mayor,  such  number  of  assistant  solicitors  as  the  city 
council  may  determine.  They  shall  be  counsellors-at-law, 
and  hold  oflSce  for  one  year  from  the  first  day  of  June  in  the 
year  for  which  they  are  appointed,  and  until  their  successors 
shall  be  appointed  and  qualified,  unless  sooner  removed  by 
the  city  solicitor,  with  the  written  consent  of  the  mayor. 

Sect.  124.  The  city  solicitor  shall  be  the  head  of  the  law 
department,  and  shall  have  the  charge  and  direction  of  the 
same.  He  shall  give  legal  opinions  and  advice  upon  any 
subject  or  question  submitted  to  him  by  the  mayor,  the  board 
of  aldermen,  the  common  council,  or  any  committee  of  the 
city  council,  or  of  either  branch  thereof,  or  by  any  officers 
of  the  city  government  in  regard  to  their  official  duties. 

Sect.  125.  It  shall  be  the  duty  of  the  city  solicitor  and 
assistant  solicitors  to  commence,  prosecute  and  defend  all 
actions,  suits  and  claims  in  any  court  or  other  tribunal  in 
which  the  rights  or  interests  of  the  city  are  involved,  and  to 
defend  any  of  the  officers  of  the  city  in  suits  and  prosecutions 
against  them  for  any  official  action,  or  the  performance  of 
any  official  duty,  when  any  estate,  right,  privilege,  ordi- 
nance, act,  or  direction  of  the  city  government  may  be 
brought  in  question ; they  shall  perform  such  other  profes- 
sional duties  as  may  be  required  of  them  by  the  mayor,  the 
city  council,  or  either  branch  thereof,  and  generally  shall 
appear  as  counsel  whenever  the  interest  and  welfare  of  the 
city  may  be  directly  or  incidentally  affected. 

Sect.  126.  It  shall  be  the  duty  of  the  city  solicitor  and 
assistant  city  solicitors  to  examine  titles  to  property,  to 
draft  bonds,  deeds,  obligations,  contracts,  leases,  convey- 
ances, agreements,  and  other  legal  instruments  which  may 


35 


be  required  by  any  ordinance  or  order  of  the  city  council, 
or  either  branch  thereof,  or  by  any  department  of  the  city 
government.  There  shall  be  one  assistant  city  solicitor, 
whose  special  duty  it  shall  be  to  collect,  by  suit  or  other- 
wise, all  the  over-due  debts,  bills,  or  claims  of  the  city ; it 
shall  be  the  duty  of  the  city  treasurer  to  render  to  him 
monthly  a statement  in  detail  of  such  over-due  debts,  bills, 
and  claims  for  collection ; and  all  money  collected  by  him 
shall  be  paid  monthly  or  oftener  to  the  treasurer. 

’ Sect.  127.  All  legal  taxable  costs,  received  by  the  law 
department  from  the  adverse  party  in  suits  and  prosecutions, 
shall  annually  be  paid  over  to  the  city  treasurer. 

Sect.  128.  The  city  solicitor  shall,  annually,  within  thirty 
days  after  his  election,  appoint  a clerk,  a certificate  of  whose 
appointment  he  shall  file  in  the  ofllce  of  the  city  clerk.  The 
clerk  shall  hold  his  oflcice  for  one  year  from  the  first  Monday 
of  April  in  the  year  in  which  he  may  be  appointed,  unless 
sooner  removed ; and  he  may  be  removed  at  the  pleasure  of 
the  solicitor ; and  vacancies  may  be  filled  for  an  unexpired 
term  in  the  same  manner  as  the  original  appointment.  The 
said  clerk  shall  copy  all  papers  which  the  solicitor  or  assist- 
ant solicitors  may  require  to  be  copied,  and  shall,  under  the 
direction  of  the  city  solicitor  and  the  assistant  solicitors, 
keep  all  the  books  of  the  office,  and  perform  such  other 
duties  as  they  may  impose  upon  him.  He  shall  receive  such 
compensation  as  the  city  council  may  from  time  to  time 
determine. 


THE  POLICE  DEPARTMENT. 

Sect.  129.  The  mayor  shall  at  all  times  have  the  control 
and  direction  of  the  police  force  of  the  city. 

Sect.  130.  The  mayor,  with  the  approval  of  the  city  coun- 
cil, shall  appoint  three  persons  to  be  commissioners  of  po- 
lice, one  for  one  year,  one  for  two  years,  and  one  for  three 


36 


years ; and  shall,  annually  thereafter,  with  like  approval, 
appoint  one  commissioner  of  police  for  three  years. 

Sect.  131.  The  mayor,  upon  nomination  by  the  commis- 
sioners, if  he  approve  thereof,  shall  appoint  the  chief  of 
police,  and  all  subordinate  officers,  to  hold  office  until  va- 
cated by  death,  resignation  or  removal;  and  such  officers 
may  be  removed  by  the  mayor  upon  the  recommendation  of 
the  commissioners.  The  chief  of  police  and  the  subordinate 
officers  when  so  appointed  shall  have  all  the  powers,  assume 
all  the  liabilities  and  obligations  and  perform  all  the  duties 
prescribed  by  law,  or  the  ordinances  of  the  city,  for  such 
officers,  so  far  as  consistent  with  the  provisions  of  this  act. 
The  commissioners  shall  prescribe  the  duties  of  the  officers 
and  members  of  the  department.  The  number  and  compen- 
sation of  the  officers  of  each  grade  shall  be  fixed  by  the  city 
council,  and  an  estimate  of  the  number  required  shall  be 
contained  in  the  annual  estimate  of  the  commissioners. 

Sect.  132.  The  mayor,  when  he  deems  it  necessary  or  ex- 
pedient, may  appoint,  from  persons  nominated  by  the  com- 
missioners of  police,  such  number  of  temporary  policemen 
as  occasion  may  require,  fix  their  compensation  and  term  of 
service,  and  remove  them  at  pleasure. 

Sect.  133.  The  mayor,  if  he  deem  it  expedient,  upon 
the  written  application  of  any  responsible  corporation  or 
person,  may  appoint  suitable  persons  to  be  special  police 
officers,  to  serve  without  pay  from  the  city,  under  such  rules 
and  regulations  as  the  commissioners  of  police  deem  expedi- 
ent, with  the  power  of  police  officers  to  preserve  order,  and  to 
enforce  the  laws  and  the  ordinances  of  the  city  in  and  about 
any  railroad  station  or  crossing,  place  of  public  amusement, 
wharf,  manufactory,  or  other  locality  specified  in  the  applica- 
tion ; provided,  that  such  corporations  or  persons  shall  give 
bond  satisfactory  to  the  counsel  of  the  corporation,  to  be  liable 
to  parties  aggrieved  by  any  official  misconduct  of  such  police 
officer,  to  the  same  extent  as  for  the  torts  of  agents  and  ser- 


37 


. vants  in  their  employment.  A record  of  such  appointments 
shall  be  kept  in  the  office  of  the  commissioners  of  police,  and 
any  appointments  so  made  may  be  revoked  by  the  mayor  at 
any  time. 

Sect.  134.  The  commissioners  of  police  shall  make  careful 
examination  and  investigation  as  to  the  honesty,  sobriety, 
health,  and  other  qualifications  of  persons  nominated  by  them 
for  appointment  by  the  mayor.  No  person  shall  be  appointed 
an  officer  or  member  of  the  police  force,  or  as  a constable  of 
the  city,  who  is  not  a citizen  of  the  United  States;  who  has 
not  been  a resident  of,  and  paid  taxes  to,  the  city  of  Boston 
for  three  years  next  preceding  his  appointment ; and  who 
cannot  read  and  write  understandingly  in  the  English  lan- 
guage, ' 

Sect.  135.  The  commissioners  of  police  shall  investigate 
all  complaints  and  charges  against  any  of  the  members  of 
the  police  department,  and  if  they  find  any  member  guilty  of 
a breach  of  the  laws,  or  ordinances  of  the  city,  or  of  any  of 
the  rules  and  regulations  of  the  department,  or  unfit  for  the 
position  he  occupies,  they  may  recommend  the  mayor  to  re- 
move him,  or  inflict  the  penalty  provided  by  ordinance,  or 
by  the  rules  and  regulations  of  the  department,  as  a punish- 
ment for  the  fault. 

Sect.  136,  The  mayor  shall  annually  appoint  such  number 
of  constables  as,  in  his  opinion,  the  public  service  may  re- 
quire. No  person  shall  be  appointed  constable  unless,  in 
addition  to  the  qualifications  required  of  police  officers,  he 
shall  have  attained  the  age  of  twenty-five  years ; and  he  shall 
give  bond  as  required  by  law. 

Sect.  137.  In  case  of  a riot  within  the  city,  the  mayor 
shall  have  the  power  to  require  the  constables  so  appointed 
to  aid  in  the  suppression  of  the  same  ; and  while  so  engaged 
they  shall  be  under  the  control  and  direction  of  the  chief  of 
police,  and  subject  to  the  rules  and  regulations  of  the  police 
department. 


38 


Sect.  138.  The  commissioners  of  police  shall  have  the. 
power  to  grant  licenses  for  theatres,  museums,  exhibitions,  and 
other  places  of  amusement,  to  every  person  exercising  a trade 
or  calling  within  the  city  for  which  a license  is  required,  and  for 
every  purpose  for  which  a license  or  permit  is  required  with- 
in the  city  and  not  otherwise  provided  for  by  this  act.  The 
licenses  and  permits  so  granted  shall  be  subject  to  revocation 
by  the  mayor,  with  the  consent  of  the  board  of  aldermen. 

Sect.  139.  The  commissioners  of  police,  before  granting 
licenses  for  any  public  exhibition  or  place  of  amusement, 
shall  require  from  the  inspector  of  buildings  a certificate  that 
the  buildings  and  halls  to  be  used  for  the  purpose  are  safe,  and 
have  suitable  means  of  egress ; they  shall  make  inquiry  as 
to  the  character  of  the  applicant,  the  propriety  of  granting 
or  withholding  the  license,  and  shall  make  record  of  such 
inquiry  in  the  proper  books  in  their  office  ; and  they  shall  be 
watchful  that  the  terms  and  conditions  of  the  licenses  are 
complied  with. 

Sect.  140.  The  commissioners  of  police  shall  hear  and 
examine  complaints  made  against  any  person  or  persons  hold- 
ing a license  granted  by  them  ; they  shall  make  record  of  the 
charges  and  evidence  in  the  case,  and  may  report  the  same, 
with  their  recommendations,  to  the  mayor  for  his  action. 

Sect.  141.  The  commissioners  of  police  shall  annually 
nominate  to  the  mayor,  for  appointment,  suitable  persons  as 
superintendents,  with  the  power  of  police  officers,  for  the 
enforcement  of  the  laws  and  ordinances  of  the  city  in  rela- 
tion to  licenses  granted  by  them ; and  such  superintendents 
may  be  removed  by  the  mayor,  upon  the  recommendation 
of  the  commissioners. 

Sect.  142.  The  commissioners  of  police  shall  make  such 
rules  and  regulations  in  regard  to  licenses,  and  for  the  gov- 
ernment of  all  persons  licensed  by  them,  as  they  may  deem 
expedient,  subject  to  revision  by  the  city  council  in  the  man- 
ner provided  in  section  two  hundred  and  twenty  of  this  act. 


39 


Sect.  143.  The  captain  of  the  division  of  the  police  force 
assigned  by  the  commissioners  for  duty  in  the  harbor  of 
Boston  shall  have  and  exercise  all  the  powers,  and  perform 
all  the  duties,  prescribed  for  the  harbor  master  by  law  and 
the  ordinances  of  the  city ; but  he  shall  mot  be  required  to 
give  bond. 

Sect.  144.  The  commissioners  of  police  shall  nominate 
annually  to  the  mayor,  for  appointment  by  him,  one  or  more 
persons  to  be  sealers  of  weights  and  measures,  and  the  city 
council  shall  fix  their  compensation;  and  they  may  be  re- 
moved by  the  mayor,  upon  the  recommendation  of  the  com- 
missioners. 

Sect.  145.  The  commissioners  of  police  shall  nominate 
annually  to  the  mayor,  for  appointment  by  him,  such  num- 
ber of  competent  persons  as  the  city  council  may  prescribe, 
to  be  superintendents  of  public  scales  and  weighers  of  hay ; 
the  city  council  shall,  from  time  to  time,  fix  the  compensa- 
tion of  such  officers,  and  the  rates  to  be  charged  for  weighing 
hay,  straw,  coal  and  other  articles,  and  said  superintendents 
may  be  removed  by  the  mayor,  upon  the  recommendation  of 
the  commissioners. 

the  street  department. 

Sect.  146.  The  mayor,  with  the  approval  of  the  city  coun- 
cil, shall  appoint  three  street  commissioners,  one  for  a term 
of  one  year,  one  for  two  years,  and  one  for  three  years ; 
and  annually  thereafter  the  mayor  shall  appoint,  with  like 
approval,  one  person  to  serve  for  the  term  of  three  years. 

Sect.  147.  The  street  commissioners  shall  have  the 
direction,  control  and  management  of  the  laying  out,  widen- 
ing, altering,  extending  and  discontinuing  the  streets  and 
ways  of  the  city,  and  assessment  of  the  damages  and  better- 
ments therefor ; the  locating,  paving,  making,  grading  of 
streets  and  ways ; locating,  building,  and  repairing  of 


40 


sewers  and  drains  and  the  laying  of  assessments  therefor ; 
purchasing,  placing  and  lighting  the  public  lamps ; and 
the  building,  repairing  and  management  of  the  ferries  and 
bridges. 

Sect.  148.  The  street  commissioners  shall  have  and  exer- 
cise all  the  powers,  not  inconsistent  with  this  act,  which  the 
board  of  aldermen  now  have  as  surveyors  of  highways,  and 
all  the  powers  now  conferred  by  law  or  the  ordinances  of 
the  city  on  the  street  commissioners,  in  regard  to  laying  out, 
widening,  altering,  extending,  or  discontinuing  the  streets 
and  ways  of  the  city,  and  all  the  powers  of  county  com- 
missioners given  by  law  to  the  board  of  aldermen,  except  as 
herein  otherwise  provided ; provided,  thajfc  whenever  the  city 
council,  by  a vote  of  two-thirds  of  the  whole  of  each  branch 
thereof,  shall  adjudge  that  the  public  safety  and  convenience 
require  that  any  street,  road,  or  way  of  the  city  shall  be 
laid  out,  altered,  discontinued,  or  paved,  and  shall  direct 
the  commissioners  to  lay  out,  alter,  discontinue,  or  pave  the 
same,  the  commissioners  shall  forthwith  lay  out,  alter,  dis- 
continue, or  pave  the  same,  under  the  provisions  of  this  act. 

Sect.  149.  The  street  commissioners  shall  have  and  exer- 
cise all  the  powers,  not  inconsistent  with  this  act,  now  held 
by  the  mayor  and  aldermen,  and  by  the  street  commissioners, 
by  law  or  the  ordinances  of  the  city  in  regard  to  the  assess- 
ment or  reassessment  of  betterments,  and  the  adjustment  of 
claims  for  damages  for  the  laying  out,  changing  the  grade, 
'widening,  discontinuing,  or  altering  of  the  streets,  highways 
or  other  ways  of  the  city ; provided,  that  no  settlement 
shall  be  made  of  a claim  against  the  city  for  laying  out, 
changing  the  grade  of,  widening,  discontinuing  or  altering  a 
street,  highway,  or  other  way  of  the  city,  when  the  amount 
required  for  the  adjustment  of  the  claim  exceeds  five  thou- 
sand dollars,  unless  the  same  has  been  approved  by  the  city 
council. 

Sect.  150.  The  street  commissioners  shall  have  and  exer- 


41 


cise  all  the  powers  conferred  upon,  and  perform  all  the  duties 
prescribed  to,  the  mayor  and  aldermen,  or  the  board  of 
aldermen,  or  to  the  city  council,  by  law  or  the  ordinances 
of  the  city  relating  to  the  location,  construction,  assessment, 
repair,  opening,  protection  and  use  of  the  public  sewers 
and  drains  of  the  city,  and  granting  licenses  in  regard  to 
same  ; also  all  the  duties  and  powers  relating  to  the  control 
and  direction  of  the  building,  maldng,  naming,  numbering 
and  grading  of  the  public  streets,  roads  and  ways  of  the  city, 
and  fixing  the  bounds  thereof,  and  of  the  sidewalks  therein, 
and  also  the  powers  and  duties  relating  to  the  control  and 
direction  of  the  purchasing,  repairing,  locating,  care  and  light- 
ing, with  gas  or  otherwise,  of  the  street  lamps  belonging  to 
the  city.  With  the  consent  of  the  city  council,  the  commis- 
sioners may  lay  out  streets,  passage-ways  and  squares  upon 
the  public  lands  of  the  city,  not  otherwise  appropriated,  and 
lay  sewers  therein. 

Sect.  151.  No  gas  company,  corporation,  or  individual, 
shall  have  authority  to  remove  the  pavement  or  dig  up  the 
ground  in  any  of  the  streets  or  ways  of  the  city  for  the  pur- 
pose of  sinking,  laying  or  repairing  pipes,  or  for  any  purpose 
whatsoever,  except  by  the  consent  of  the  street  commissioners, 
but  no  gas  company  which  has  not  now  its  pipes  in  the  streets 
of  the  city  shall  receive  such  authority,  except  by  vote  of 
the  city  council.  Any  gas  compay,  corporation,  association 
or  individual,  after  removing  the  pavement  or  opening  the 
ground  in  either  of  the  streets  or  ways  of  the  city,  for  any 
purpose,  shall  be  required  to  put  the  same  in  repair,  as  soon 
as  practicable  thereafter,  in  a manner  satisfactory  to  the 
street  commissioners ; and  said  commissioners  may  require 
such  security  to  be  given  for  the  prompt  and  strict  compli- 
ance with  this  rule  as  they  may  deem  advisable. 

Sect.  152.  The  street  commissioners  shall,  in  accordance 
with  l^w  and  the  ordinances  of  the  city,  so  far  as  not  incon- 
sistent with  this  act,  have  the  control,  management  and  charge 


42 


of  the  ferries,  bridges,  and  landings,  owned  wholly  or  in 
part  by  the  city,  and  of  the  lands,  buildings,  boats,  machinery, 
and  other  property  appertaining  thereto  ; provided,  that  the 
rates  of  toll  upon  the  ferries  shall  not  be  changed  by  the 
street  commissioners,  without  the  consent  of  the  city  council. 

Sect.  153.  Annually,  in  the  month  of  May,  the  mayor 
shall  appoint,  with  the  approval  of  the  city  council,  the 
following  officers  for  the  term  of  one  year,  from  the  first 
day  of  June  next  ensuing,  viz.  : — 

City  Surveyor,  Superintendent  of  Ferries, 

Superintendent  of  Paving,  Superintendent  of  Bridges,  ^ 
Superintendent  of  Sewers,  City  Engineer. 

Superintendent  of  Lamps 

Sect.  154.  The  city  surveyor,  with  the  approval  of 
the  street  commissioners,  may  appoint  and  remove  the 
subordinate  officers  and  persons  employed  in  his 
office ; and  the  compensation  of  such  subordinate  officers 
and  persons  shall  be  fixed  by  said  commissioners. 

Sect.  155.  The  city  engineer,  with  the  approval  of  the 
street  commissioners  and  of  the  water  board,  may  appoint  and 
remove  the  subordinate  officers  and  persons  employed  in  his 
office,  and  fix  their  compensation. 

Sect.  156.  The  estimate  for  an  appropriation  for  the 
■ salaries  and  expenses  of  the  office  of  city  engineer  shall  be 
included  annually  in  the  estimates  for  the  street  commissioners, 
and  no  bills  or  claims  on  account  of  said  office  shall  be  certi- 
fied for  payment  by  the  auditor  unless  approved  by  either 
the  street  commissioners  or  the  water  board. 

Sect.  157.  The  street  commissioners,  with  the  approval 
of  the  mayor,  may  appoint  and  remote  the  subordinate  assist- 
ants, officers,  and  clerks,  needful  in  the  several  departments 
and  offices  under  their  control  and  management,  excejDt  as 
otherwise  provided  herein,  and  fix  their  compensation.  The 


43 


commissioners  may  employ,  fix  the  compensation  of,  and  dis- 
charge, at  their  discretion,  such  number  of  draw-tenders, 
workmen,  and  laborers,  as  maybe  required  in  the  said  depart- 
ments and  offices. 

Sect.  158.  No  expenditure  of  money,  and  no  contract  or 
proceeding  involving  the  same,  shall  be  made  or  entered 
into  by  the  street  commissioners,  for  the  taking  of  lands  or 
buildings,  laying  out,  paving,  making,  altering  or  discontinu- 
ing any  street  or  way  of  the  city,  when  the  estimate  for  the 
total  cost  of  the  same,  including  grade  damages,  value  of 
land  and  buildings  to  be  taken,  the  cost  of  making,  paving 
and  completing  said  street  or  way,  with  any  other  expense 
appertaining  thereto,  together  with  any  previous  expendi- 
tures upon  the  same  street,  or  any  part  thereof,  for  similar 
purposes,  within  the  current  financial  year,  will  amount  to 
the  sum  of  five  thousand  dollars,  without  first  obtaining  the 
consent  of  the  city  council  thereto. 


THE  DEPAKTMENT  OF  BUILDINGS  AND  LANDS. 

Sect.  159.  The  mayor,  with  the  approval  of  the  city 
council,  shall  appoint  three  commissioners  of  buildings  and 
lands,  one  for  a term  of  one  year,  one  for  two  years,  and 
one  for  three  years ; and  annually  thereafter  the  mayor  shall 
appoint,  with  like  approval,  one  person  to  serve  for  the  term 
of  three  years. 

Sect.  160.  Except  as  otherwise  provided  in  this  act  the 
commissioners  of  buildings  and  lands  shall  have  the  care 
and  custody  of  all  the  buildings  and  offices  belonging  to,  or 
occupied  by  the  city  or  the  county,  and  of  the  furniture  and 
fixtures  contained  therein,  and  the  control,  direction,  and 
supervision  of  the  erection,  and  of  the  repairs  and  altera- 
tions of  the  buildings  and  offices  owned  or  occupied  by  the 
city  or  county,  including  the  armories,  and  shall  have  power 
to  contract  for  the  labor  and  materials  needful  therefor  or 


44 


any  part  thereof ; and  it  shall  be  the  duty  of  the  commis- 
sioners to  purchase  the  furniture,  fixtures,  and  other  articles 
necessary  for  the  proper  furnishing  and  care  of  said  build- 
ings and  offices ; provided^  that  no  building  shall  be  erected 
when  the  total  estimated  cost  of  the  same,  including  the 
land  upon  which  it  is  to  be  located,  and  the  furniture  and 
fixtures  for  the  same,  exceeds  five  thousand  dollars,  unless 
by  order  of  the  city  council;  and  no  building  shall  be 
repaired,  or  altered,  or  provided  with  furniture,  or  fixtures, 
when  the  total  estimate  of  cost  of  repairs  or  alterations, 
with  the  furniture  and  fixtures  for  said  building,  together 
with  like  expenditures  upon  the  same  building,  within  the 
current  financial  year,  shall  exceed  one  thousand  dollars, 
unless  by  order  of  the  city  council. 

Sect.  161.  The  commissioners  of  buildings  and  lands,  so 
far  as  is  consistent  with  the  provisions  of  this  act,  shall  have 
and  exercise  all  the  powers  and  perform  all  the  duties  now 
prescribed  by  law  for  the  inspector  of  buildings  and  the  city 
council,  in  regard  to  the  regulation,  survey,  and  inspection 
of  buildings,  by  chapter  two  hundred  and  eighty  of  the  acts 
of  the  year  eighteen  hundred  and  seventy-one,  and  the 
several  amendments  and  additions  thereto ; but  the  limits 
within  which  all  buildings  erected  shall  be  required  to  con- 
form to  the  provisions  of  said  statutes,  shall  not  be  altered 
by  the  said  commissioners,  except  by  vote  of  the  city 
council. 

Sect.  162.  The  commissioners  of  buildings  and  lands  shall 
have  the  care,  custody,  and  management  of  all  the  lands 
belonging  to  the  city,  except  those  which  are  set  apart  as 
public  grounds,  and  may,  with  the  approval  of  the  mayor, 
lease  such  portions  of  the  same  as  are  not  otherwise  appro- 
priated, upon  such  terms  and  conditions  as  they  may  deem 
expedient,  provided  that  no  lease  shall  be  made  for  a term 
of  more  than  three  years,  without  the  approval  of  the  city 
council.  AU  deeds  of  sale  and  leases  of  buildings  or  lands 


45 


belonging  to  the  city  shall  be  signed  by  the  mayor,  and 
countersigned  by  the  chairman  of  the  board  of  commis- 
sioners. 

Sect.  163.  The  commissioners  of  buildings  and  lands  shall 
have  the  control  and  direction  of  all  the  public  market- 
houses  and  places  used  as  public  markets  in  the  city ; and, 
in  accordance  with  law  and  the  ordinances  of  the  city,  shall 
make  such  rules  and  regulations  for  the  government  and 
management  of  the  same  as  they  may  deem  expedient ; and, 
with  the  approval  of  the  city  council,  may  fix  the  rents  of, 
and  lease  the  stalls,  cellars,  and  stands  in  and  about  the 
same,  and  the  rooms  and  stores  connected  therewith,  except 
Faneuil  hall. 

Sect.  164.  The  commissioners  of  buildings  and  lands 
shall  have  and  exercise  all  the  powers,  and  perform  all  the 
duties  prescribed  by  law  for  the  mayor  and  aldermen  of 
cities  relating  to  steam  engines,  furnaces,  and  boilers,  and 
to  granting  licenses  therefor. 

Sect.  165.  The  mayor,  with  the  approval  of  the  city 
council,  shall  appoint  annually,  in  the  month  of  May,  a city 
architect,  who  shall  perform  such  duties  as  the  commissioners 
of  buildings  and  lands  may  prescribe.  The  city  architect, 
with  the  approval  of  the  said  commissioners,  may  appoint  and 
remove  the  subordinate  ofilces  and  persons  employed  in  his 
ofiice,  and  the  compensation  of  such  subordinates  shall  be 
fixed  by  said  commissioners. 

Sect.  166.  The  plans,  designs,  specifications,  estimates 
and  other  papers  required  for  the  erection  or  repair  of  the 
buildings  hereafter  to  be  erected  or  repaired,  belonging  to  or 
occupied  by  the  city,  shall  be  prepared  and  furnished  by  the 
city  architect,  unless  otherwise  ordered  in  special  cases  by 
the  city  council. 

Sect.  167.  The  commissioners  of  buildings  and  lands,  with 
the  approval  of  the  mayor,  may  appoint  and  remove  the  subor- 
dinate assistants,  officers,  clerks,  and  workmen  needful  in  the 


46 


several  departments  and  offices  under  their  control  and 
management  (except  the  city  architect’s) , and  fix  their  com- 
pensation. 

THE  WATER  DEPARTMENT. 

Sect.  168.  The  mayor,  with  the  approval  of  the  city 
council,  shall  appoint  three  persons  to  constitute  the  water 
board;  one  of  whom  shall  be  appointed  for  one  year, 
one  for  two  years,  and  one  for  three  years ; and  annually 
thereafter  the  mayor,  with  like  approval,  shall  appoint 
one  person  to  serve  for  the  term  of  three  years.  The  board 
shall  have  the  charge  and  direction  of  all  matters  relating  to 
the  location,  building,  repairing  and  management  of  the 
water  works  belonging  to  the  city,  and  of  the  supply  and 
distribution  of  the  water. 

Sect.  169.  The  water  board  shall  have  and  exercise  all 
the  powers,  not  inconsistent  with  this  act,  now  conferred  by 
law,  or  the  ordinances  of  the  city,  upon  the  Cochituate  water 
board  and  the  Mystic  water  board,  and  shall  perform  all  the 
duties  thereby  prescribed  for  said  boards,  or  either  of  them. 
The  water  board  may  be  empowered  by  the  city  council  to 
exercise  any  or  all  of  the  powers  conferred  by  law  upon  the 
city  of  Boston  with  reference  to  supplying  said  city  with 
water,  aiid  may  also  be  empowered  to  act  as  the  agents  of  the 
city  in  doing  any  and  all  things  which  the  city  is  now,  or  may 
hereafter  be,  authorized  to  do  in  relation  to  the  taking  of 
lands,  water-rights,  or  other  property,  and  the  establishment 
of  works  and  appliances  for  supplying  the  city  of  Boston  or 
other  cities  and  towns  with  water. 

Sect.  170.  The  water  board  shall  make  such  rules  and 
regulations  in  re«fard  to  the  mode  of  usin^  the  water,  and 
the  price  to  be  paid  therefor,  as  they  may  deem  expedient ; 
subject,  however,  to  the  provisions  of  sections  twelve  and 
thirteen  of  chapter  one  hundred  and  sixty-seven  of  the  stat- 
utes of  the  year  eighteen  hundred  and  forty-six ; providedy 


47 


that  the  words  " Boston  water  scrip  ” in  said  sections  shall 
be  construed  to  include  the  whole  amount  of  outstanding 
loan  representing  the  cost  of  the  water  works. 

Sect.  171.  The  water  board  shall  have  the  care  and 
management  of  all  the  public  reservoirs,  wells  and  pumps  of 
the  city. 

Sect.  172.  The  water  board  annually,  in  the  month  of 
May,  shall  appoint,  with  the  approval  of  the  mayor,  suitable 
persons  to  be  superintendent  and  assistant  superintendents 
of  the  water  works,  and  a water  registrar,  who  shall  per- 
form such  duties  as  may  be  prescribed  by  the  said  board 
or  by  the  ordinances  of  the  city  ; and  they  may  be  removed 
by  the  board,  with  the  approval  of  the  mayor.  The  water 
board  may  appoint  and  remove  at  pleasure  such  other 
subordinate  officers,  clerks  and  workmen  as  the  business  of 
the  department  may  require,  and  fix  their  compensation. 


THE  HEALTH  DEPAKTMENT. 

Sect.  173.  The  mayor,  with  the  approval  of  the  city  coun- 
cil, shall  appoint  three  persons,  one  of  whom  shall  be  a physi- 
cian, to  constitute  the  board  of  health ; one  shall  be  appointed 
for  one  year,  one  for  two  years,  and  one  for  three  years; 
and  annually  thereafter,  the  mayor,  with  like  approval, 
shall  appoint  one  person  to  be  a member  of  the’  board  for 
the  term  of  three  years. 

Sect.  174.  The  board  of  health  shall  have  all  the  rights, 
powers  and  duties  now  given  by  law,  and  the  city  ordi- 
nances, to  the  boards  of  health  of  cities  and  towns,  and  to 
the  mayor  and  aldermen,  the  board  of  aldermen,  or  to  the 
,city  council,  in  relation  to  the  abatement  and  removal  of 
nuisances,  sources  of  filth,  and  causes  of  sickness,  the  re- 
moval of  infected  persons,  the  vaccination  of  the  inhab- 
itants, the  establishment  and  regulation  of  quarantine,  the 
removal  of  offensive  bodies,  the  inspection  of  provisions. 


48 


the  erection  of  tenement  houses  and  their  use,  occupation 
and  mode  of  construction,  the  interment  of  the  dead,  the  sale 
of  fish,  vegetables  and  other  provisions,  the  keeping  of  swine 
and  all  other  animals  within  the  bounds  of  the  city,  and  in 
relation  to  all  other  matters  pertaining  to  the  public  health, 
and  the  care  and  preservation  thereof. 

Sect.  175.  The  board  of  health  shall  have  the  care  and  su- 
perintendence of  the  stables  belonging  to  the  city,  except  such 
as  may  be  attached  to  other  departments  ; they  shall  provide, 
by  contract  or  otherwise,  for  the  cleaning  of  the  streets,  the 
collection,  removal  and  disposal  of  ashes,  grease,  bones,  ofial, 
dirt,  manure,  and  all  noxious  and  ofiTensive  matter  from  the 
streets,  houses  and  vacant  land  in  the  city,  the  cleaning  of 
all  vaults  and  cesspools,  the  location,  occupation  and  use  of 
all  public  and  private  stables,  and  the  granting  of  licenses 
therefor,  and  the  granting  of  licenses  for  watering  streets, 
under  such  rules  and  regulations  as  they  may  prescribe. 

Sect.  176.  All  burial-grounds  and  cemeteries  belonging 
to  the  city  shall  be  under  the  general  care  and  charge  of  the 
board  of  health,  and  it  shall  have  power  to  appoint,  with  the 
approval  of  the  mayor,  such  trustees  thereof  as  may  be  re- 
quired by  law,  or  which  the  board  may  deem  expedient,  and 
to  make  such  regulations  for  the  management  and  use  of 
burial-grounds  and  cemeteries,  not  inconsistent  with  law,  as 
may  in  their  judgment  be  suitable  or  necessary. 

Sect.  177.  The  board  of  health,  annually,  in  the  month 
of  May,  with  the  approval  of  the  mayor,  shall  appoint  as  many 
persons  to  carry  on  the  business  oj  undertakers  as  may  be 
necessary ; they  shall  grant  licenses  to  the  persons  so  ap- 
pointed, fix  the  amount  to  be  paid  therefor,  and  make  rules 
and  regulations  for  the  burial  and  removal  of  the  dead,  and 
for  the  compensation  of  undertakers. 

Sect.  178.  The  board  of  health  shall  have  the  charge  and 
control  of  all  hospitals  which  may  be  established  by  the 
city  council  for  persons  having  the  small-pox  or  other  infectious 


49 


or  contagious  diseases  dangerous  to  the  public  health,  with 
power  to  make  all  suitable  regulations  for  the  care  and  use  of 
the  same. 

Sect.  179.  The  board  of  health  shall  have  the  care  and  con- 
trol of  all  public  baths  which  may  be  established  by  the  city 
council  for  the  use  of  the  inhabitants  ; they  shall  appoint  suit- 
able persons  to  superintend  the  same,  and  shall  make  all 
needful  regulations  for  their  use. 

Sect.  180.  The  board  of  health,  annually,  in  the  month  of 
May,  with  the  approval  of  the  mayor,  shall  appoint  a sanitary 
superintendent,  a city  physician,  a port  physician,  and  such 
assistants  as  they  may  require,  one  or  more  superintendents 
of  cemeteries,  one  or  more  inspectors  of  provisions,  and 
an  inspector  of  milk,  and  may,  with  the  approval  of  the 
mayor,  remove  them.  The  board  may,  from  time  to  time, 
employ,  and  discharge,  at  their  discretion,  such  workmen  as 
they  may  deem  necessary  for  the  economical  and  satisfactory 
performance  of  the  work  by  the  department,  and  fix  their 
compensation. 

Sect.  181.  The  board  of  health  shall  have  the  charge  and 
superintendence  of  the  registration  of  births,  marriages,  and 
deaths,  and,  with  the  approval  of  the  mayor,  shall  appoint  a 
registrar  thereof,  who  shall  perform  the  duties  prescribed  by 
law  and  the  ordinances  of  the  city  in  relation  thereto.  He 
shall  hold  office  for  the  term  of  one  year  from  the  date  of 
his  appointment,  and  may  be  removed  by  the  mayor. 


THE  fire  department. 

Sect.  182.  The  mayor,  with  the  approval  of  the  city  coun- 
cil, shall  appoint  three  persons,  to  constitute  the  board 
of  fire  commissioners ; one  shall  be  appointed  for  one 
year,  one  for  two  years,  and  one  for  three  years ; and 
afterwards,  annually,  the  mayor  shall  appoint,  with  like  ap- 


50 


proval,  one  person  to  be  a member  of  said  board  tor  the  term 
of  three  years.  The  board  shall  appoint  a chief  engineer, 
and  such  number  of  assistant  engineers,  officers,  engine- 
men,  telegraph-operators  and  other  members,  as  the  city 
council  may,  from  time  to  time,  determine,  and  may  remove 
them  at  pleasure  ; provided^  that  the  chief  engineer  shall  be 
appointed  with  the  approval  of  the  mayor.  The  board 
shall  prescribe  the  duties  of  the  officers  and  members 
of  the  department,  and,  subject  to  the  approval  of  the  city 
council,  fix  their  compensation. 

Sect*  183.  The  fire  commissioners,  the  chief  engineer  and 
assistant  engineers,  so  appointed,  shall  have  all  the  powers 
and  perform  all  the  duties  authorized  or  imposed  upon  such 
officers  by  law,  or  the  ordinances  of  the  city,  except  so  far 
as  they  may  be  changed  or  modified  by  this  act. 

Sect.  184.  The  duty  of  extinguishing  fires,  and  protect- 
ing life  and  property  in  case  of  fire  within  the  city, 
shall  be  entrusted  to  said  board  of  fire  commissioners ; 
they  shall  divide  the  city  into  fire  districts ; establish  a fire 
patrol ; and,  in  accordance  with  ordinances  of  the  city,  and 
with  the  provisions  of  this  act,  purchase  steam  fire-engines, 
horses,  hose,  and  all  other  apparatus  and  supplies  for  the  use 
and  equipment  of  the  fire  department  and  fire-alarm  tele- 
graph. 

■ Sect.  185.  The  fire  commissioners  shall  have  and  exercise 
all  the  powers  conferred  upon  such  officers,  or  upon  engineers 
of  fire  departments  or  their  assistants,  by  law  and  the 
ordinances  of  the  city,  in  relation  to  the  manufacture,  storage, 
and  sale  of  petroleum,  camphene,  burning-fluids,  gunpowder, 
nitro-glycerine,  fireworks,  or  any  other  highly  combustible  or 
explosive  material  or  thing.  The  city  council  shall  have 
power  to  prohibit  the  storage  or  manufacture  of  said 
articles  within  the  limits  of  the  city  in  any  locality 
where,  in  their  judgment,  it  would  be  hazardous  to  the 
surrounding  buildings.  The  fire  commissioners  may,  with 


51 


the  approval  of  the  city  council,  make  such  rules  and  regu- 
lations in  regard  to  the  storage  and  place  of  manufacture  of 
said  articles  as  they  may  deem  expedient,  and  provide  that 
said  articles  shall  not  be  kept  within  the  limits  of  the  city 
without  a license,  in  such  form,  and  with  such  conditions  and 
penalties  as,  in  accordance  with  law,  they  may  prescribe ; 
the  fire  commissioners  are  hereby  authorized  to  grant 
such  licenses,  and,  with  the  approval  of  the  mayor,  to 
revoke  the  same.  The  fire  commissioners  shall  appoint  the 
' inspectors  of  petroleum  required  to  be  appointed  by  law. 

Sect.  186.  The  fire  commissioners  shall  have  the 
charge,  direction  and  control  of  all  the  public  clocks  and 
bells  owned  by  the  city  or  under  its  control. 

THE  DEPARTMENT  OF  PUBLIC  INSTITUTIONS. 

Sect.  187.  The  board  of  directors  for  public  institutions 
shall  consist  of  six  persons,  not  members  of  the  city  council, 
appointed  by  the  mayor,  with  the  approval  of  the  city  council, 
and.  one  member  of  the  board  of  aldermen  and  two  members 
of  the  common  council,  elected  by  concurrent  vote  of  the 
city  council.  The  members  first  appointed  by  the  mayor 
shall  hold  office,  two  for  three  years,  two  for  two  years,  and 
two  for  one  year,  and  annually  afterwards  the  mayor  shall 
appoint,  with  like  approval,  two  persons  to  hold  office  for 
three  years.  The  members  from  the  city  council  shall  be 
elected  annually  in  January  or  February,  to  hold  office  during 
the  remainder  of  the  municipal  year  in  which  they  are  elected, 
and  until  others  are  elected  in  their  place  or  they  are  removed, 
and  they  may  be  removed  at  any  time  by  the  city  council,  and 
vacancies  from  any  cause  may  be  filled  for  the  unexpired 
term.  The  members  of  said  board  shall  serve  without  com- 
pensation. 

Sect.  188.  The  board  of  directors  shall  have  the  care  and 
control  of  the  house  of  correction,  the  house  of  industry. 


52 


the  house  of  reformation,  and  of  the  lunatic  hospital  so 
long  as  it  shall  be  maintained  hy  the  city,  and  such  other  in- 
stitutions as  may  he  placed  under  their  direction  and  super- 
vision by  law  or  by  ordinance  of  the  city.  They  shall 
make  the  necessary  repairs  and  alterations  therein,  and, 
with  the  approval  of  the  mayor,  appoint  superintendents 
thereof ; they  shall  fix  their  compensation,  and,  with  like  ap- 
proval, may  remove  them  from  office  ; the  officers  so  appointed 
shall  have  the  powers  and  perform  the  duties  prescribed  by 
law  or  by  the  city  ordinances  for  their  respective  offices,*  and 
such  other  powers  and  duties  as  may  be  prescribed  to  them 
by  said  board. 

Sect.  189.  The  board  of  directors  shall  appoint  a mas- 
ter of  the  house  of  correction,  and  such  other  officers,  agents 
and  servants,  as  they  may  deem  expedient,  in  the  sev- 
eral institutions  under  their  charge,  fix  their  compensation, 
and  may  remove  them  at  pleasure. 

Sect.  190.  The  board  of  directors  shall  have  and  ex- 
ercise all  the  power  and  authority,  and  perform  all  the  duties 
not  inconsistent  with  the  provisions  of  this  act,  which  are 
conferred  or  imposed  by  existing  laws  and  ordinances  upon 
the  board  of  directors  for  public  institutions  of  the  city  of 
Boston ; and  all  acts  of  the  legislature  and  ordinances  of  the 
city,  not  inconsistent  with  the  provisions  of  this  act,  which 
are  applicable  to  the  board  of  directors  for  public  institutions 
of  the  city  of  Boston,  and  to  any  of  the  institutions  above 
named,  are  hereby  declared  to  be  in  full  force  and  effect,  and 
in  no  respect  altered  or  repealed,  otherwise  than  is  herein 
expressly  set  forth. 

Sect.  191.  The  board  of  directors  shall  have  authority, 
in  conformity  with  the  provisions  of  this  act,  to  make  pur- 
chases of  supplies  of  every  description,  for  the  use  of  said 
institutions,  and  to  make  all  necessary  contracts  therefor,  or 
for  work  to  be  done  or  materials  to  be  furnished,  or  for  the 
employment  of  the  labor  of  the  inmates  thereof,  provided  no 


53 


contract  so  made  shall  extend  for  a term  exceeding  one  year, 
unless  with  the  consent  of  the  city  council. 

Sect.  192.  When  the  labor  of  any  of  the  inmates  of  any 
of  said  institutions  is  to  be  disposed  of  by  contract,  the  board 
of  directors,  unless  otherwise  ordered  by  the  city  council, 
shall  make  public  advertisement  for  proposals  to  hire  said 
labor,  under  such  rules  and  regulations  as  said  board  may 
prescribe. 

Sect.  193.  A joint  committee,  to  consist  of  not  less  than 
five  members  of  the  city  council,  shall  constitute  the  in- 
spectors of  prisons  and  houses  of  detention  in  the  county 
of  Sufiblk ; and  said  committee,  at  least  twice  in  each  year, 
shall  make  the  examinations  and  inquiries  required  by  law, 
aud  report  the  result  thereof  in  print  to  the  city  council. 


THE  DEPARTMENT  OF  OVERSEERS  OF  THE  POOR. 

Sect.  194.  The  board  of  overseers  of  the  poor  shall  con- 
sist of  nine  persons,  not  members  of  the  city  council, 
appointed  by  the  mayor,  with  the  approval  of  the  city 
council,  and  one  member  of  the  board  of  aldermen  and  two 
members  of  the  common  council,  elected  by  concurrent  vote 
of  the  city  council.  The  members  first  appointed  by  the 
mayor  shall  hold  office,  three  for  three  years,  three  for  two 
years,  and  three  for  one  year,  and  annually  afterwards  the 
mayor  shall  appoint,  with  like  approval,  three  persons  to 
hold  office  for  three  years.  The  members  from  the  city 
council  shall  be  elected  annually,  in  January  or  February,  to 
hold  office  during  the  remainder  of  the  municipal  year  in 
which  they  are  elected,  and  until  others  are  elected  in  their 
2Dlace,  or  they  are  removed ; and  they  may  be  removed  at 
any  time  by  the  city  council,  and  vacancies  from  any  cause 
may  be  filled  for  the  unexpired  term.  The  members  of  said 
board  shall  serve  without  compensation. 

Sect.  195.  The  overseers  of  the  poor  shall  appoint  a 


« 


54 


secretary  and  one  or  more  clerks,  not  of  their  own  number, 
nor  members  of  the  city  council,  and  such  superintendents, 
subordinate  officers,  assistants  and  workmen  as  they  may 
deem  expedient.  They  shall  prescribe  their  duties,  fix  their 
compensation,  and  may  remove  them  from  office. 

Sect.  196.  The  overseers  of  the  poor,  with  the  approval 
of  the  mayor,  shall  appoint  a suitable  person  as  treasurer, 
fix  his  compensation,  and  define  his  duties ; and  they  may 
remove  him  from  office,  with  the  approval  of  the  mayor. 
The  treasurer  shall  give  bond  in  such  amount,  and  with  such 
sureties,  as  the  overseers  may  determine  and  approve  for 
the  safe  custody  of  the  money  and  other  property  in  his 
possession.  He  shall  deposit  the  money  entrusted  to  him  in 
such  banks  as  the  overseers  may  approve ; and  no  loan  or 
investment  of  said  money  shall  be  made,  except  by  vote 
of  the  overseers,  or  of  a finance  committee  appointed  by 
them.  All  checks,  orders,  or  drafts  for  money,  on  account 
of  the  overseers,  shall  be  signed  by  the  treasurer  and  coun- 
tersigned by  the  secretary.  The  accounts  of  the  treasurer 
shall  be  examined,  semi-annually,  by  a committee  appointed 
by  the  overseers  for  that  purpose,  and  at  such  other  times 
by  the  city  council,  or  a committee  thereof,  as  may  by  ordi- 
nance be  prescribed. 

Sect.  197.  The  overseers  of  the  poor  shall  continue  as  a 
corporation  and  hold  and  exercise  all  the  powers  and  cor- 
porate rights,  possess  all  the  property,  be  entitled  to  all 
the  rights  and  privileges,  and  be  subject  to  all  the  duties, 
liabilities,  and  obligations  which  now  belong  or  appertain 
by  law  or  the  ordinances  of  the  city  to  the  corporation  of 
"The  Overseers  of  the  Poor  in  the  City  of  Boston,”  so  far 
as  consistent  with  the  provisions  of  this  act. 

Sect.  198.  Whenever  the  city  shall  provide  buildings  for 
the  reception  and  care  of  paupers,  and  by  ordinance  transfer 
the  paupers  under  the  charge  of  the  board  of  directors  of 
public  institutions  to  the  care  and  control  of  the  overseers  of 


55 


the  poor,  then  said  overseers  of  the  poor  shall  have  and  ex- 
ercise all  the  powers,  and  perform  all  the  duties,  now  pre- 
'scribed  by  law,  or  the  ordinances  of  the  city,  to  said  board 
of  directors,  or  to  selectmen  of  towns,  in  regard  to  the  care, 
support  and  employment  of  paupers,  so  far  as  consistent 
with  this  act,  and  shall  have  the  care  and  control  of  the 
buildings  provided  for  the  same. 

Sect.  199.  The  overseers  of  the  poor  shall  have  the  care 
and  control  of  the  charity  building,  on  Chardon  street,  and 
of  buildings  used  as  temporary  homes  for  the  poor,  and  of 
the  inmates  thereof. 


THE  CITY  HOSPITAL  DEPARTMENT. 

Sect.  200.  The  board  of  trustees  of  the  city  hospital 
shall  consist  of  six  persons,  not  members  of  the  city  council, 
appointed  by  the  mayor  with  the  approval  of  the  city  council, 
and  one  member  of.  the  board  of  aldermen  and  two  members 
of  the  common  council,  elected  by  concurrent  vote  of  the 
city  council.  The  members  first  appointed  by  the  mayor 
shall  hold  office,  two  for  three  years,  two  for  two  years,  and 
tAvo  for  one  year,  and  annually  afterwards  the  mayor  shall 
appoint,  with  like  approval,  two  persons  to  hold  office  for 
three  years.  The  members  from  the  city  council  shall  be 
elected  annually,  in  January  or  February,  to  hold  office 
during  the  remainder  of  the  municipal  year  in  which  they 
are  elected,  and  until  others  are  elected  in  their  place,  or 
they  are  removed ; and  they  may  be  removed  at  any  time 
by  the  city  council,  and  vacancies  from  any  cause  may  be 
filled  for  the  unexpired  term.  Ihe  members  of  said  board 
shall  serve  without  compensation. 

Sect.  201.  The  board  of  trustees  shall  have  the  care  and 
management  of  the  city  hospital  and  of  the  grounds  con- 
nected therewith  ; and,  with  the  approval  of  the  mayor,  shall 
appoint,  and,  Avith  like  approval,  may  remove  such  visiting 


56 


and  consulting  physicians  and  surgeons  as  they  may  deem 
expedient.  The  board  shall  annually  appoint  a superinten- 
dent and  all  necessary  resident  physicians  and  surgeons,  and 
all  other  assistants,  nurses  and  domestics,  fix  their  compensa- 
tion, and  may  remove  them  at  pleasure. 


THE  PUBLIC  LIBRAEY  DEPARTMENT. 

Sect.  202.  The  board  of  trustees  of  the  public  library 
shall  consist  of  six  persons,  not  members  of  the  city  council, 
appointed  by  the  mayor,  with  the  approval  of  the  city  coun- 
cil, and  one  member  of  the  board  of  aldermen  and  two 
members  of  the  common  council  elected  by  concurrent  vote 
of  the  city  council.  The  members  first  appointed  by  the 
mayor  shall  hold  office,  two  for  three  years,  two  for  two 
years  and  two  for  one  year ; and  annually  afterwards  the 
mayor  shall  appoint,  with  like  approval,  two  persons  to  hold 
office  for  three  years.  The  members  from  the  city  council 
shall  be  elected  annually,  in  January  or  February,  to  hold 
office  during  the  remainder  of  the  municipal  year  in  which 
they  are  elected,  and  until  others  are  elected  in  their  place 
or  they  are  removed ; and  they  may  be  removed  at  any  time 
by  the  city  council,  and  vacancies  from  any  cause  may  be 
filled  for  the  unexpired  term.  The  members  of  said  board 
shall  serve  without  compensation. 

Sect.  203.  The  board  shall  have  the  care  and  manage- 
ment of  the  library,  and  of  all  branches  thereof,  and  of  the 
buildings  provided  for  the  same,  and  of  the  grounds  attached 
thereto. 

Sect.  204.  The  board  of  trustees,  with  the  approval  of 
the  mayor,  shall  annually  appoint  a superintendent,,  and, 
with  like  approval,  fix  his  compensation,  and  may  remove 
him  at  pleasure.  They  shall  appoint  the  librarians,  assist- 
ants, janitors  and  all  other  persons  employed  in  the  manage- 


57 


ment  of  the  library  and  its  branches,  fix  their  compensation, 
, and  may  remove  them  at  pleasure. 

Sect.  205.  The  board  of  trustees  may  expend,  in  accord- 
ance with  the  provisions  of  this  act,  for  the  purposes  of 
the  library,  the  money  appropriated  therefor  by  the  city 
council,  and  may  expend  the  principal  or  income  of  any 
money  or  property  which  has  been,  or  may  hereafter  be, 
given  for  the  use  of  the  library,  or  any  of  its  branches,  in 
accordance  with  the  directions  or  conditions  imposed  by  the 
donors  thereof ; an  account  in  detail  of  all  expenditures,  to- 
gether with  a statement  of  the  condition  of  the  library,  shall 
be  included  in  the  annual  report  of  the  trustees  herein  re- 
quired. 

Sect.  206.  When,  in  the  judgment  of  the  board  of  trus- 
tees, additional  branch  libraries  are  needed,  they  may,  with 
the  consent  of  the  city  council,  establish  the  same. 

Sect.  207.  The  board  of  trustees  shall  have  all  the  powers 
and  perform  all  the  duties  prescribed  by  law  or  the  ordi- 
nances of  the  city  for  such  ofllcers,  except  so  far  as  they  may 
be  changed  or  modified  by  this  act. 

Sect.  208.  All  money  belonging  to  the  library,  or  ap- 
propriated to  its  use  by  the  city  council,  shall  be  deposited 
with  the  treasurer  of  the  city. 


THE  DEPARTMENT  OF  PUBLIC  GROUNDS. 

Sect.  209.  The  mayor,  with  the  approval  of  the  city  coun- 
cil, shall  appoint  three  persons,  not  members  of  the  city  coun- 
cil, to  constitute  the  board  of  commissioners  of  public 
grounds,  who  shall  serve  without  compensation.  One  of 
said  persons  shall  be  appointed  for  one  year,  one  for  two 
years,  and  one  for  three  years ; and  thereafter,  annually,  the 
mayor,  with  like  approval,  shall  appoint  one  person  to  serve 
for  the  term  of  three  years. 

Sect.  210.  The  commissioners  of  the  public  grounds 


58 


shall  have  the  charge,  management  and  supervision  of  the 
common  and  public  garden ; of  the  public  parks  and  squares 
of  the  city ; of  the  monuments,  statues,  and  all  other  mat- 
ters and  things  appertaining  thereto,  and  of  the  trees  in  the 
jDublic  streets  and  vays,  except  as  otherwise  provided  herein. 

Sect.  211.  The  commissioners  of  the  public  grounds, 
with  the  approval  of  the  mayor,  annually,  in  January  or 
February,  shall  appoint  a superintendent,  and,  with  the 
approval  of  the  mayor,  fix  his  compensation.  He  may  be 
removed  from  office  by  the  commissioners,  with  the  approval 
of  the  mayor.  The  commissioners  may  appoint  and  remove 
such  number  of  subordinates  and  laborers  as  they  deem 
necessary  and  expedient  for  the  proper  prosecution  of  the 
work  entrusted  to  them,  and  fix  their  compensation. 

Sect.  212.  The  common  and  public  garden  shall  be  pre- 
served for  public  use,  and  shall  not  be  sold  or  leased,  and  no 
street  or  way  for  the  use  of  cars  or  other  vehicles  shall  be 
laid  out,  over  or  through  said  grounds,  or  any  portion  of  them, 
unless  a majority  of  the  legal  voters  present  and  voting 
thereon,  shall  vote  in  the  affirmative  at  meetings  which 
may  be  called  for  that  purpose  in  the  several  wards  by  the 
board  of  alderman.  No  statue,  monument,  nor  permanent 
structure  of  any  kind  shall  be  placed  upon  the  common, 
public  garden,  or  any  of  the  public  parks,  or  squares,  of 
the  city,,  nor  removed  therefrom,  except  by  order  of  the 
city  council. 

BOARD  or  COUNTY  ACCOUNTS. 

Sect.  213.  The  chairman  of  the  board  of  aldermen, 
the  president  of  the  common  council,  and  the  chairman  of 
the  ’ inspectors  of  prisons  and  houses  of  detention  in  the 
county  of  Sufiblk,  shall  constitute  a board  of  accounts  for 
the  county  of  Sufiblk,  and  shall  have  and  exercise  the  powers 
conferred  upon  the  board  of  aldermen  of  the  city,  by 
chapter  one  hundred  and  seventeen  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-six. 


59 


' OTHEK  OFFICERS. 

Sect.  214.  The  mayor,  with  the  approval  of  the  board 
of  aldermen,  shall  appoint  from  time  to  time,  for  a term  of 
one  year,  such  and  so  many  of  the  following-named  officers 
as  he  may  judge  necessary  for  the  public  convenience, 
namely : — 

Measurers  of  Grain. 

Surveyors  of  Marble,  Soapstone  and  Freestone. 

]\Ieasurers  of  Upper  Leather. 

Inspectors  of  Lime.  , 

Weighers  of  Coal. 

Measurers  of  Wood  and  Bark. 

Viewers  and  Cullers  of  Hoops  and  Staves. 

Fence  Viewers. 

Field  Drivers  and  Pound  Keepers. 

The  said  officers  shall  respectively  exercise  all  the  powers 
and  perform  all  the  duties  required  by  law  and  the  ordi- 
nances of  the  city  of  such  officers ; and,  until  otherwise 
changed  by  the  city  council,  they  shall  continue  to  receive 
for  their  services  the  fees  heretofore  allowed.  They  may  be 
removed  at  the  pleasure  of  the  mayor. 

GENERAE  PROVISIONS. 

Sect.  215.  The  several  boards  and  commissions,  unless 
otherwise  provided  herein  by  an  ordinance  of  the  city,  shall 
organize  annually,  in  the  month  of  May,  by  the  choice  of  one 
of  their  number  to  be  chairman,  and  shall  appoint  a clerk, 
who  shall  not  be  one  of  their  own  number.  They  shall  fix 
the  compensation  of  their  clerk,  and  may  at  any  time  re- 
move him  and  appoint  a successor.  They  shall  preserve 
complete  records  of  their  meetings,  giving  the  names  of  the 


60 


• 

members  present,  their  votes  and  doings  thereat ; and  shall 
cause  proper  books  of  record  to  be  kept  in  the  respective 
departments  under  their  charge,  exhibiting  in  detail  all  the 
transactions  of  said  departments. 

Sect.  216.  The  compensation  of  all  commissions,  boards 
and  officers,  except  as  herein  otherwise  provided,  shall  be 
fixed  from  time  to  time  by  the  city  council. 

Sect.  217.  All  officers  and  persons,  while  receiving  sal- 
aries from  the  city,  shall  be  inhabitants  of  the  city,  unless 
otherwise  provided  by  the  city  council. 

Sect.  218.  Any  commissioner,  trustee  or  officer  appointed 
under  any  of  the  provisions  of  this  act  by  the  mayor,  with  the 
approval  of  the  city  council,  may  at  any  time  be  removed  by 
the  mayor,  with  the  approval  of  the  city  council,  or  may  be 
removed  by  vote  of  two-thirds  of  the  whole  number  of  each 
branch  of  the  city  council,  taken  by  yeas  and  nays ; and, 
pending  the  action  of  the  city  council,  the  mayor  may,  in 
his  discretion,  suspend  any  such  commissioner,  trustee  or 
officer  from  his  duties. 

Sect.  219.  All  officers  or  persons  having  the  custody  or 
control  of  books,  records,  journals,  papers  or  documents  be- 
longing to  the  city,  or  to  any  department  or  office  thereof, 
shall,  upon  request,  exhibit  the  same  to  the  mayor,  or  to 
any  member  of  the  city  council,  and  shall  deliver  the  same  to 
their  successors  in  office,  when  duly  qualified. 

Sect.  220.  The  school  committee,  and  the  several  boards, 
commissioners,  trustees  and  officers  shall  make  such  rules 
and  regulations,  in  accordance  with  law  and  the  ordinances 
of  the  city,  as  they  may  deem  expedient  for  their  own  gov- 
ernment, and  for  the  government  of  those  under  their  charge 
and  direction,  and  also  for  the  care  and  management  o-f  the 
several  departments  and  institutions  under  their  charge,  un- 
less herein  otherwise  provided ; provided,  however,  that  the 
city  council  may  rescind  or  modify  any  of  said  rules  or  regu- 
lations which  are  deemed  objectionable  by  them,  except 


61 


such' as  may  be  adopted  by  the  police  and  tire  commissioners 
for  the  discipline  of  members  of  said  departments;  and  any 
rule  or  regulation  so  rescinded  or  modified  shall  not  be  again 
adopted  or  altered,  until  it  shall  have  been  submitted  to,  and 
approved  by,  the  city  council.  Until  new  rules  and  regnla- 


several  departments  shall  remain  in  force,  except  so  far  as 
they  may  be  inconsistent  with  the  provisions  of  this  act. 

Sect.  221.  Whenever  the  city  council  shall,  except  as 
'hereinbefore  provided  in  regard  to  the  street  commissioners, 
instruct  any  board  or  commissioners  to  do,  or  not  to  do,  any- 
thing coming  within  the  powers  and  duties  conferred  on 
such  board  or  commissioners  by  this  charter,  it  shall  be  the 
duty  of  such  board  or  commissioners  forthwith  to  comply 
with  such  instructions. 

Sect.  222.  No  member  of  the  city  council,  or  of  any  com- 
mission or  board,  and  no  person*  appointed  by  the  mayor  or 
chosen  by  the  city  council,  or  in  the  service  of  the  city  gov- 
ernment, shall  be  interested  in  his  private  capacity,  directly 
or  indirectly,  in  any  purchase  or  contract  for  labor  (except  for 
payment  of  his  official  services) , or  for  materials,  goods,  wares 
or  merchandise  of  any  description  furnished  to  the  city,  or 
in  contracts  for  erecting  or  repairing  buildings,  or  other  pub- 
lic works.  Any  contract,  sale,  purchase,  or  agreement  made 
in  violation  of  the  above  provision  shall  be  void,  and  shall 
not  be  certified  by  the  auditor  nor  paid  by  the  treasurer. 
Whoever  violates  the  provisions-  of  this  section  shall  be  sub- 
ject to  the  penalties  provided  by  chapter  two  hundred  and 
seventy-four  of  the  statutes  of  eighteen  hundred  and  seventy- 
two. 

Sect.  223 . All  boards  and  officers  acting  under  the  author- 
ity of  the  city,  and  entrusted  with  the  expenditure  of  public 
money,  shall  be  accountable  therefor  to  the  city  council,  in 
such  manner  as  the  city  council  may  direct ; and  the  city 
council  may  require  of  all  persons  entrusted  with  the  collec- 
tion, custody,  or  disbursement  of  public  money,  bonds,  with 


tions 


now  in  force  in  the 


62 


such  conditions  and  sureties,  as  the  case  may  in  their  judg- 
ment require. 

Sect.  224.  All  boards  and  heads  of  departments  shall  an- 
nually, as  early  as  practicable  after  the  close  of  each  financial 
year,  severally  submit  to  the  city  councd  full  and  complete  re- 
ports of  their  doings  for  the  previous  year,  and  shall  at  the 
same  time  render  to  the  auditor  a statement  in  detail  of  the 
property  in  their  possession  belonging  to  the  city ; and  they 
shall  at  all  times  furnish,  upon  the  request  either  of  the  mayor, 
the  board  of  aldermen  or  the  common  council,  estimates  and 
information  in  regard  to  work  under  their  charge  and  the 
condition  of  the  departments  and  offices  under  their  control. 

Sect.  225.  An  account  of  all  money  received  for  the  city 
or  county  by  any  department,  board  or  office,  or  by  any 
county  officer,  as  fees,  fines  or  otherwise,  shall  be  rendered 
to  the  auditor,  and  the  money  shall  be  paid  to  the  treasurer, 
under  such  rules  as  may  bfe  prescribed  by  ordinance  or 
established  by  the  treasurer. 

Sect.  226.  Whenever  in  the  judgment  of  the  school  com- 
mittee, or  of  any  board  or  commission,  a new  building,  or  any 
addition  or  alteration  of  a building,  is  needed  for  the  use  of  the 
department  or  institutions  under  their  charge,  of  an  estimated 
cost  of  over  one  thousand  dollars,  they  shall  make  a state- 
ment in  Avriting  to  the  city  council  of  the  necessity  of 
the  proposed  building,  addition  or  alteration ; and  no  con- 
tract for  the  purchase  or  lease  of  land,  or  for  the  erection, 
purchase  or  lease  of  any  building,  or  for  any  addition  to, 
or  alteration  of,  any  building,  shall  be  authorized  by  the  city 
council,  until  such  statement  has  been  made,  or  until  the 
locality  and  plans  for  the  same  have  been  submitted  to  the 
school  committee,  or  to  a sub-committee  thereof,  duly 
authorized  to  approve  the  same,  if  for  the  school  department, 
or  to  the  board  or  commission  having  the  care  and  control  of 
the  department,  or  institution,  for  the  use  of  Avhich  such  land 
or  building  is  intended ; provided.,  however^  that  the  city 


63 


council  may  give  the  charge  of  any  important  undertaking 
to  a special  commission,  to  be  appointed  by  the  mayor,  with 
the  approval  of  the  city  council,  to  whom  the  city  council 
may  commit  all,  or  any  part,  -of  the  powers  given  by  law  to 
the  city,  or  to  any  branch  of  the  government  thereof,  in  ref- 
erence to  taking  land  for  the  proposed  undertaking,  or  for 
the  adoption  of  plans  for  the  same,  or  for  any  other  purpose 
connected  therewith. 

Sect.  227.  Every  department  and  board  shall  make  a 
return  to  the  auditor,  monthly,  unless  otherwise  provided  by 
ordinance,  of  all  sums  that  have  become  due  and  payable  to 
the  city,  since  the  last  return,  from  all  persons  and  corpora- 
tions, for  labor  or  material  furnished  by  said  department ; 
and  shall  deliver  bills  for  said  sums  to  the  treasurer  for 
collection. 

Sect.  228.  All  appointments  to  office,  which  by  this  act 
the  mayor  is  authorized  to  make,  subject  to  approval  by  the 
city  council,  shall,  in  the  first  instance,  unless  otherwise  pro- 
vided herein,  be  made  before  the  first  day  of  May,  in  the  year 
eighteen  hundred  and  seventy-six,  to  take  effect  on  that  day  ; 
and  thereafter  the  appointments  made  to  fill  vacancies,  caused 
by  the  expiration  of  the  term  of  service  of  any  officers,  shall 
be  made  within  thirty  days  before  said  expiration.  A va- 
cancy in  any  office,  from  any  cause,  shall  be  filled  for  the 
remainder  of  the  term  in  the  same  manner  as  the  original 
appointment,  unless  otherwise  herein  provided. 

Sect.  229.  The  terms  of  office  of  the  street  commis- 
sioners, and  of  all  the  commissions,  boards  and  officers 
elected  by  the  city  council,  or  appointed  by  the  mayor  and 
aldermen,  or  by  the  mayor  and  city  council,  and  of  all 
officers,  clerks  and  assistants  appointed  under  the  authority 
of  the  city  council,  shall  terminate  and  expire  on  the 
first  day  of  May,  eighteen  hundred  and  seventy-six,  or 
as  soon  thereafter  as  their  successors  are  qualified  under 
this  act ; unless  an  appointment  of  a successor  shall  be 


64 


sooner  made,  as  herein  provided,  in  which  case  the  term  of 
office  of  the  incumbent  shall  cease,  and  the  person  so  ap- 
pointed shall  enter  upon  his  office  as  soon  as  qualified. 

Sect.  230.  All  other  powers  not  herein  specially  provided 
for,  and  heretofore  by  law  vested  in  the  town  or  city  of  Bos- 
ton, or  in  the  inhabitants  thereof,  as  a municipal  corporation, 
or  in  the  mayor,  the  mayor  and  aldermen,  or  in  the  city  council 
of  the  city  of  Boston,  shall  be  and  hereby  are  continued  to 
be  vested  in  the  mayor,  aldermen  and  common  council  of  said 
city,  to  be  exercised  on  the  part  of  the  city  council  by  con- 
current vote,  each  board,  as  hereby  constituted,  having  a 
negative  upon  the  proceedings  of  the  other,  and  the  mayor 
having  a veto  power  as  herein  provided. 

Sect.  231.  Aothing  in  this  act  contained  shall  be  so  con- 
strued as  to  restrain  or  prevent  the  legislature  from  amend- 
ing or  altering  the  same  whenever  they  shall  deem  it  expe- 
dient. 

Sect.  232.  All  acts,  ordinances,  and  parts  of  acts  and 
ordinances,  inconsistent  with  this  act,  are  hereby  repealed ; 
provided,  however,  that  said  repeal  shall  not  afiect  any  act 
done,  or  any  right  accruing  or  accrued,  or  established,  or 
any  suit  or  proceeding  had  or  commenced  in  any  civil  case, 
before  the  time  when  such  repeal  shall  take  eflect ; and 
that  no  offence  committed,  and  no  penalty  or  forfeiture 
incurred,  under  the  acts  and  ordinances  hereby  repealed, 
before  the  time  when  such  repeal  shall  take  effect,  shall  be 
affected  by  the  repeal ; and  that  no  suit  or  prosecution  j^end- 
ing  at  the  time  of  the  said  repeal  for  any  offence  committed, 
or  for  the  recovery  of  any  penalty  or  forfeiture  incurred, 
under  the  acts  or  ordinances  hereby  repealed,  shall  be  afiected 
by  such  repeal. 

Sect.  233.  No  act  which  has  been  heretofore  repealed 
shall  be  revived  by  the  repeal  of  the  acts  mentioned  in  the 
preceding  section. 

Sect.  234.  This  act  shall  be  void  unless  the  inhabitants  of 


65 


the  city  of  Boston,  by  vote,  determine  to  adopt  the  same ; 
and  the  qualified  voters  of  the  city  shall  be  called  upon 
by  the  board  of  aldermen  to  give  in  their  votes  upon 
the  acceptance  of  this  act,  in  the  various  wards,  on  the 
first  Monday  of  October  next ; thereupon  the  same  pro- 
ceedings shall  be  had  respecting  the  sorting,  counting, 
declaring,  recording  and  returns  of  said  votes,  as  is  pro- 
vided by  law  at  the  election  of  mayor;  the  board  of 
aldermen  shall,  within  three  days,  meet  together  and  com- 
pare the  returns  of  the  ward  oflScers  ; and  if  it  appear  that 
the  citizens  have  voted  to  adopt  this  act,  the  mayor  shall 
make  proclamation  of  the  fact ; thereupon  the  act  shall 
take  effect  for  the  purpose  of  electing  municipal  officers  at 
the  next  annual  election,  and  for  all  other  purposes  it  shall 
take  eflfect  on  the  first  Monday  of  January  in  the  year 
eighteen  hundred  and  seventy-six. 


Gaylord  Bros. 

Makers 
Syracuse,  N.  Y 


